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Law 1/1981 Of 6 April, Statute Of Autonomy For Galicia.

Original Language Title: Ley Orgánica 1/1981, de 6 de abril, de Estatuto de Autonomía para Galicia.

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TEXT

DON JUAN CARLOS I,

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved with the character of Organic and I come to sanction the following Law:

PRELIMINARY TITLE

Article first.

One. Galicia, a historical nationality, is constituted in a Autonomous Community to access its self-government, in accordance with the Spanish Constitution and with this Statute, which is its basic institutional norm.

Two. The Autonomous Community, through democratic institutions, assumes as the main task the defense of the identity of Galicia and its interests and the promotion of solidarity among all those who make up the Galician people.

Three. The powers of the Autonomous Community of Galicia emanate from the Constitution, the present Statute and the people.

Article 2.

One. The territory of Galicia is understood in the current provinces of La Coruña, Lugo, Orense and Pontevedra.

Two. The territorial organization will take into account the distribution of the Galician population and its traditional forms of coexistence and settlement.

Three. A law of the Parliament shall regulate the territorial organisation of Galicia, in accordance with this Statute.

Third item.

One. For the purposes of this Statute, Spanish citizens who, in accordance with the general laws of the State, have administrative vicinity in any of the Municipalities of Galicia, enjoy the political status of Galician.

Two. As Galician, they enjoy the political rights defined in this Statute Spanish citizens residing abroad who have had the last administrative neighborhood in Galicia and credit this condition in the corresponding Consulate of Spain. They shall also enjoy these rights of their descendants registered as Spaniards, if they so request, in a manner determined by the law of the State.

Article 4.

One. The fundamental rights, freedoms and duties of the Galician people are those established in the Constitution.

Two. It is up to the public authorities of Galicia to promote the conditions for the freedom and equality of the individual and the groups in which they are integrated to be real and effective, to remove the obstacles that prevent or hinder their fullness and to facilitate the participation of all the Galician people in political, economic, cultural and social life.

Three. The public authorities of the Autonomous Community assume, as one of the guiding principles of their social and economic policy, the right of the Galician to live and work in their own land.

Article 5.

One. Galicia's own language is Galician.

Two. Galician and Spanish languages are official in Galicia and all have the right to know and use them.

Three. The public authorities of Galicia will guarantee the normal and official use of the two languages and will enhance the use of Galician in all orders of public, cultural and informative life, and will have the necessary means to facilitate their knowledge.

Four. No one can be discriminated against because of the language.

Article 6.

One. The flag of Galicia is white with a diagonal blue band that crosses it from the upper left angle to the lower right.

Two. Galicia has its own anthem and shield.

Item seventh.

One. The Galician Communities established outside Galicia will be able to request, as such, the recognition of their Galician as the right to collaborate and share the social and cultural life of the Galician people. A law of the Parliament shall, without prejudice to the powers of the State, regulate the extent and content of that recognition to those Communities which shall in no case involve the granting of political rights.

Two. The Autonomous Community may request the Spanish State to facilitate the earlier provisions of the relevant treaties or conventions with the States in which the Communities exist.

Article 8.

A law of Galicia, for whose approval the favorable vote of the two thirds of the members of its Parliament will be required, will set the headquarters of the autonomous institutions.

TITLE FIRST

From Galician Power

Article ninth

One. The powers of the Autonomous Community are exercised through the Parliament of the Board and its President.

Two. The laws of Galicia shall order the functioning of these institutions in accordance with the Constitution and the present Statute.

CHAPTER FIRST

From Parliament

Article ten.

One. The following are functions of the Parliament of Galicia:

(a) Exercise the legislative power of the Autonomous Community. Parliament may delegate this legislative power to the Board only, in the terms of Articles eighty-two, eighty-three and eighty-four of the Constitution for the assumption of the legislative delegation of the General Courts. to the Government, all within the framework of this Statute.

b) Control the executive action of the Board, approve the budgets and exercise the other powers conferred on it by the Constitution, by the present Statute, by the laws of the State and those of the Parliament of Galicia.

(c) To appoint representatives of the Galician Autonomous Community for each legislature of the General Courts, in accordance with the provisions of Article sixty-nine (5) of the Constitution. Such designation shall be made in proportion to the representation of the various political forces existing in the Parliament of Galicia.

d) Choose from among its members the President of the Board of Galicia.

e) Require, where appropriate, political responsibility to the Board and its President.

f) To request the government to adopt bills and to present to the Congress of the Congress of Deputies proposals of Law.

g) Interpose resources of unconstitutionality and stand before the Constitutional Court in the cases and in the terms provided for in the Constitution and the Organic Law of the Constitutional Court.

Two. The Parliament of Galicia is inviolable.

Item eleven.

One. Parliament shall be constituted by Members elected by universal suffrage, equal, free, direct and secret.

Two. Parliament shall be elected for a period of four years, in accordance with a system of proportional representation which will also ensure the representation of the various areas of Galician territory.

Three. Members of the Galician Parliament shall be inviolable by the votes and opinions they issue in the exercise of their office. During their term of office, they may not be detained or held for criminal acts committed in the territory of Galicia, but in the case of a flagrant offence, in which case they must decide, in any case, on their indictment, imprisonment, prosecution and trial. Superior Court of Justice of Galicia. Outside that territory, criminal liability shall be enforceable, on the same terms, before the Criminal Court of the Supreme Court.

Four. The constituency will, in any case, be the province.

Five. A law of the Parliament of Galicia will determine the time limits and regulate the procedure for the election of its members, fixing, their number between sixty and eighty, and the causes of ineligibility and incompatibility that affect the posts or posts that are perform within the territorial scope of the Autonomous Community.

Six. Parliament may, by law, establish a system to ensure that the interests of all Galician residents living abroad are present in the decisions of the Autonomous Community.

Seven. Members shall not be subject to an imperative mandate.

Article twelve.

One. The Parliament shall elect a President from among its members. The Bureau and a Permanent Diputación. The Regulation, which shall be adopted by an absolute majority, shall govern its composition, arrangements and operation.

Two. The Galician Parliament will set its own budget.

Three. Parliament will function in plenary and in committees, and will meet in ordinary and extraordinary sessions.

Four. The Regulation will specify the minimum number of Members for the formation of Parliament Groups, the intervention of these in the legislative process and the functions of the Board of Portmanding of those. Parliamentary Groups shall participate in all Commissions in proportion to the number of their members.

Article thirteen.

One. The Legislative Initiative is for the Members, the Parliament and the Board. The popular initiative for the presentation of proposals of law to be dealt with by the Parliament of Galicia will be regulated by law in accordance with what is established by the organic law provided for in the article eighty-seven, three, of the Constitution.

Two. The laws of Galicia will be promulgated on behalf of the King by the President of the Board and published in the "Official Journal of Galicia" and in the "Official Gazette of the State". For the purposes of its entry into force the date of its publication in the "Journal" will be governed Officer of Galicia ".

Three. Control of the constitutionality of the laws of the Parliament of Galicia will be the responsibility of the Constitutional Court.

Article fourteen.

It is for the Autonomous Community to establish and organise through the law of its Parliament and with respect to the institution of the Ombudsman established in Article fifty and four of the Constitution, of a similar body. in coordination with the latter, exercise the functions referred to in that Article and any other functions which the Parliament of Galicia may entrust to it.

CHAPTER II

From the Board and its President

Article fifteen.

One. The President directs and coordinates the action of the Board and holds the representation of the Autonomous Community and the ordinary of the State in Galicia.

Two. The Chairman of the Board shall be elected by the Galician Parliament from among its members and shall be appointed by the King.

Three. The President of Parliament, after consulting the political forces represented by parliament, and the Bureau, shall propose a candidate for President of the Board.

The candidate will present his programme to Parliament. In order to be elected, the candidate must, on the first ballot, obtain an absolute majority; if not obtained, a new vote shall be taken 24 hours after the previous vote, and the confidence shall be understood if it obtains a simple majority. If this majority is not achieved, subsequent proposals shall be dealt with in the manner set out above.

Four. The Chairman of the Board shall be politically accountable to Parliament. A law of Galicia will determine the extent of such responsibility, as well as the President's personal status and privileges.

Article sixteen.

One. The Board is the collegiate governing body of Galicia.

Two. The Board of Galicia is composed of the President, Vice-President or Vice-Presidents, if any, and the Directors.

Three. The Vice-Presidents and the Directors shall be appointed and terminated by the President.

Four. A law of Galicia shall regulate the organisation of the Board and the privileges and the Staff Regulations of its constituents.

Article seventeen.

One. The Board of Galicia responds politically to the Parliament in solidarity, without prejudice to the direct responsibility of each of its components for its management.

Two. The Board ceases after the elections to the Galician Parliament: in cases of loss of parliamentary confidence, resignation and death of its President.

Three. The ceasing Board shall remain in office until the inauguration of the new Board.

Article eighteen.

The President and the other members of the Board, during their term of office and the criminal acts committed in the territory of Galicia, will not be detained or detained, but in case of a flagrant crime, corresponding to the decision, in any case, on his indictment, imprisonment, prosecution and trial of the Superior Court of Justice of Galicia. Outside that territory, criminal liability shall be enforceable on the same terms before the Criminal Court of the Supreme Court.

Article nineteen.

The Board of Galicia may interpose resources of unconstitutionality and stand before the Constitutional Court in the assumptions and terms provided for in the Constitution and in the Organic Law of the Constitutional Court.

CHAPTER III

From the Administration of Justice in Galicia

Article twenty.

Corresponds to the Autonomous Community:

One. To exercise all the powers that the Organic Laws of the Judiciary and the General Council of the Judiciary recognize or attribute to the State Government.

Two. To define the delimitation of the territorial demarcations of the courts in Galicia, taking into account, among other criteria, the limits of the traditional judicial parties and the geographical and population characteristics.

Item twenty-one.

The Superior Court of Justice of Galicia, in which the current Territorial Court will be integrated, is the court of law in which the judicial organization will culminate in its territorial scope and before which the successive ones will be exhausted procedural instances, in the terms of Article 150 and two of the Constitution and in accordance with this Statute.

Article 22.

One. The jurisdiction of the courts in Galicia extends:

(a) In civil order, to all instances and degrees, including appeals and review in matters of Galician Civil Law.

b) In criminal and social order, to all instances and degrees, with the exception of appeals and review.

(c) In the administrative-administrative order, to all instances and degrees, in the case of acts dictated by the Board and by the Administration of Galicia, in matters whose legislation corresponds exclusively to the Community Autonomous and which, in accordance with the law of that jurisdiction, corresponds to the acts dictated by the State Administration in Galicia.

d) To questions of jurisdiction between judicial bodies in Galicia.

e) To the resources on the qualification of documents concerning the private Galician law that must have access to the Registers of the Property.

Two. In the other matters, the appeal or the appeal, in accordance with the laws of the State and, where appropriate, the review, may be brought before the Supreme Court. The Supreme Court will also resolve conflicts of jurisdiction and jurisdiction between the Courts of Galicia and those of the rest of Spain.

Article twenty-three.

One. The President of the Superior Court of Justice of Galicia will be appointed by the King on a proposal from the General Council of the Judiciary.

Two. The appointment of the Magistrates, Judges and Secretaries of the High Court of Justice shall be carried out in the manner provided for in the Organic Laws of the Judiciary and the General Council of the Judiciary.

Article 24.

One. At the request of the Autonomous Community, the competent body shall convene the competitions and competitions to fill the vacancies in Galicia of Magistrates, Judges, Judicial Secretaries and other staff at the service of the Administration of Justice, in accordance with the provisions of the Organic Law of the Judiciary.

Two. It is entirely up to the State, in accordance with the general laws, the organization and the functioning of the Fiscal Ministry.

Article 25.

In the resolution of the competitions and competitions to provide the posts of Magistrates, Judges, Judicial Secretaries, Prosecutors and all the officials at the service of the Administration of Justice, the specialization in Galician law and knowledge of the language of the country.

Article twenty-six.

One. The Notaries and the Registrars of Property and Mercantile will be appointed by the Autonomous Community, in accordance with the laws of the State. For the provision of notaries, candidates will be admitted to equal rights, whether they exercise in the territory of Galicia or the rest of Spain. In these competitions and competitions, the specialization in Galician law and knowledge of the language of the country will be preferred. In no case may the exception of nature or neighbourhood be established.

Two. The Autonomous Community shall participate in the fixing of the demarcations corresponding to the Land Registers and the Mercantile Records to accommodate them in accordance with the provisions of Article 20, paragraph two, of this Statute. It will also participate in the establishment of the notary demarcations and the number of Notaries, in accordance with the provisions of the laws of the State.

TITLE SECOND

From the competencies of Galicia

CHAPTER FIRST

Of competencies in general

Article twenty-seven.

Within the framework of this Statute, the exclusive competence of the Autonomous Community of the following matters shall be:

One. Organization of its self-governing institutions,

Two. Organization and legal regime of rural districts and parishes as local entities of Galicia, alterations of municipal terms within its territory and, in general, the functions that correspond to the Local Regime to the Autonomous Community under the article one hundred and forty-nine, one, eighteen, of the Constitution and its development.

Three. Land and coastal planning, urban planning and housing.

Four. Conservation, modification and development of Galician civil law institutions.

Five. The procedural rules and administrative procedures arising from the specific Galician law or the organisation of the Galician public authorities.

Six. Statistics for the purposes of the Galician Autonomous Community.

Seven. Public works that do not have the legal status of general interest of the State or whose execution or exploitation does not affect another Autonomous Community or province.

Eight. Railways and roads not incorporated into the State's network and whose itinerary is fully developed in the territory of the Autonomous Community and, on the same terms, the transport carried out by these means or by cable.

Nine. Ports, airports and heliports not rated in the general interest by the State and ports of refuge and ports and sports airports.

Ten. Forests, forestry, livestock and pasture land, without prejudice to the provisions of Article 100 (40) and (9), one, twenty-three, of the Constitution.

Once. Legal status of the neighbourhood in common hand.

Twelve. Hydraulic tapping, canals and watering-downs when the waters are wholly within the territory of the Community, without prejudice to the provisions of Article 100 (40) and (9), one, twenty-two, of the Constitution.

Thirteen. Installations for the production, distribution and transport of electrical energy when this transport does not leave its territory and its use does not affect another province or Autonomous Community, without prejudice to the provisions of Article 100 Forty-nine, one, twenty-two and twenty-five, of the Constitution.

Fourteen. The mineral and thermal waters. The groundwater, without prejudice to the provisions of Article 100 (40) and (9), one, twenty-two, of the Constitution, and in number seven of this Article.

Fifteen. Fishing in the waters and other inland waters, shellfish, aquaculture, hunting, river and lake fishing.

Sixteen. Trade fairs and internal markets.

seventeen. The craft industry.

Eighteen. Historical, artistic, architectural and archaeological heritage, of interest to Galicia, without prejudice to the provisions of Article 100 forty-nine, one, twenty-eight, of the Constitution; archives, libraries and museums of interest to the Community Autonomous, and other than state-owned; music conservatories and services of Fine Arts of interest to the Community.

nineteen. The promotion of culture and research in Galicia, without prejudice to the provisions of Article 100, 40 and nine, two, of the Constitution.

Twenty. The promotion and teaching of the Galician language.

Twenty-one. The promotion and management of tourism within the Community.

Twenty-two. The promotion of sport and the proper use of leisure.

Twenty-three. Social assistance.

Twenty-four. The promotion of community development.

Twenty-five. The creation of an Autonomous Police, in accordance with the provisions of the Organic Law provided for in the article one hundred and forty-nine, one, twenty-nine, of the Constitution.

Twenty-six. The regime of foundations of Galician interest.

Twenty-seven. Casinos, games and bets, excluding the Mutual Sports Bets.

Twenty-eight. The procurement centres for goods and securities in accordance with the general rules of commercial law.

Twenty-nine. Cofradias de Pescadores, Cameras de la Propiedad Agrarias, de Comercio, Industria y Navegación and others of an equivalent nature, without prejudice to the provisions of Article 100 forty-nine of the Constitution.

Thirty. Additional rules on protection of the environment and the landscape in the terms of Article 100 (40) and (9), one, twenty-three.

Thirty-one. Advertising, without prejudice to the rules laid down by the State for specific sectors and media.

Thirty-two. The other matters that with this character and through organic law are transferred by the State.

Article twenty-eight.

It is the competence of the Autonomous Community to develop legislation and the implementation of the law of the State in the terms that it establishes, of the following matters:

One. Legal regime of the Public Administration of Galicia, and statutory regime of its officials.

Two. Compulsory expropriation, contracts and administrative concessions in the field of the Autonomous Community's own powers.

Three. Mining and energy regime.

Four. Reserves the public sector of essential resources or services, especially in the event of monopoly and intervention by companies where the general interest so requires.

Five. Management of the fisheries sector.

Six. Fishing ports.

Seven. Cooperative entities.

Eight. Pharmaceutical establishments.

Article twenty-nine.

It is for the Autonomous Community to implement the law of the State in the following areas:

One. Labour, assuming the powers, competences and services that in this field, and at the level of implementation, currently holds the State in relation to the industrial relations, without prejudice to the high inspection of this one. The State shall be reserved for all powers in the field of internal and external migration, national and employment funds, without prejudice to the establishment of State rules on such matters.

Two. Industrial and intellectual property.

Three. Maritime salvage.

Four. Industrial discharges and pollutants in the territorial waters of the State corresponding to the Galician coast.

Five. The other matters referred to in this Statute expressly as implementing powers and those with this character and by means of organic law are transferred by the State.

Article thirty.

One. According to the bases and the organization of the general economic performance and the monetary policy of the State, it corresponds to the Galician Autonomous Community, in the terms of the provisions of the articles thirty-eight, one hundred and thirty-one and one hundred Forty-nine, one, eleven and thirteen, of the Constitution the exclusive competence of the following matters:

One. Promotion and planning of economic activity in Galicia.

Two. Industry, without prejudice to the determination of the State's rules for reasons of safety, health or military interest and the rules relating to industries which are subject to the legislation of mines, hydrocarbons and nuclear energy. Authorisation for the transfer of foreign technology is reserved for the exclusive competence of the State.

Three. Agriculture and livestock farming.

Four. Internal trade, consumer and user protection, without prejudice to general pricing policy and legislation on the defence of competition. Designations of origin in collaboration with the State.

Five. Corporate, public and territorial credit institutions and Savings Banks.

Six. Economic public sector of Galicia, as soon as it is not covered by other rules of this Statute.

Seven. The development and implementation in Galicia of:

(a) The plans established by the State for the restructuring of economic sectors.

b) Generic programs for Galicia to stimulate the expansion of productive activities and the implementation of new enterprises.

c) Action programs referred to depressed or in crisis districts.

Two. The Galician Autonomous Community shall also participate in the management of the State economic public sector in the cases and activities that they carry out.

Article thirty-one.

It is from the full competence of the Autonomous Community to regulate and administer the teaching in all its extension, levels and degrees, modalities and specialties, in the field of its competences, without prejudice to the Article 27 of the Constitution and in the organic laws which, in accordance with the first paragraph of Article eighty and one of the same, develop it, of the powers conferred on the State by the thirties of the Article one hundred and forty-nine of the Constitution, and the high inspection necessary for its compliance and warranty.

Article thirty-two.

It is up to the Autonomous Community to defend and promote the cultural values of the Galician people. To this end, and through the law of the Parliament, a Galician Cultural Fund and the Council of Galician Culture will be established.

Article thirty-three.

One. It is for the Autonomous Community to develop legislation and implement the basic legislation of the State in the field of internal health.

Two. In the field of Social Security, the Autonomous Community shall be responsible for the legislative development and implementation of the basic legislation of the State, except for the rules that make up the economic regime of the State.

It is also for the Autonomous Community to manage the economic system of social security in Galicia, without prejudice to the Single Fund.

Three. The Autonomous Community shall also be responsible for the implementation of State legislation on pharmaceutical products.

Four. The Autonomous Community may organise and administer to such purposes and within its territory all services related to the matters previously expressed, and shall exercise the protection of the institutions, entities and foundations in the field of health and Social security, reserving the State the high inspection conducive to the fulfillment of the functions and competences contained in this article.

Article thirty-four.

One. Under the basic rules of the State, the Autonomous Community is responsible for the legislative development and execution of the Broadcasting and Television regime in the terms and cases established by the law governing the legal status of the Radio and Television.

Two. It is also up to him, in the framework of the basic rules of the State, to the legislative development and the execution of the press regime and, in general, of all the social media.

Three. In the terms set out in the preceding paragraphs of this Article, the Autonomous Community may regulate, create and maintain its own television, radio and press and, in general, all the means of social communication for the fulfilment of its purposes.

Article thirty-five.

One. The Autonomous Community may conclude agreements with other Autonomous Communities for the management and provision of services within the exclusive competence of the Communities. The conclusion of these agreements, before their entry into force, must be communicated to the General Courts. If the General Courts, or any of the Chambers of the Chambers of the European Parliament, express reservations within 30 days of receipt of the communication, the agreement shall follow the procedure laid down in the following paragraph. If no objections have been made to the agreement, it shall enter into force.

Two. The Autonomous Community may also establish cooperation agreements with other Autonomous Communities, subject to the authorization of the General Courts.

Three. The Galician Autonomous Community may request the Government to conclude and present, where appropriate, to the General Courts, for their authorization, the treaties or conventions permitting the establishment of cultural relations with the States with which maintain particular cultural or linguistic links.

Article thirty-six.

One. The Galician Autonomous Community may request from the State the transfer or delegation of powers not assumed in this Statute.

Two. It is up to the Galician Parliament to formulate the above requests, and to determine the body of the Galician Autonomous Community to which the transferred or delegated competence is to be attributed in each case.

CHAPTER II

From the legal regime

Article thirty-seven.

One. The competences of the Autonomous Community of Galicia are understood as referring to its territory.

Two. In the matters of his exclusive competence, the legislative power in the terms provided for in the Statute and in the Laws of the State to which he himself refers, corresponds to the Parliament, corresponding to the regulatory authority and the executive function.

Three. The implementing powers in the Autonomous Community are implicit in the relevant regulatory powers, administration and inspection. In the cases provided for in Articles 28 and 28 of this Statute, or in other provisions thereof, with similar character, the exercise of such powers by the Autonomous Community shall be carried out in accordance with the rules laid down in the regulations of a general nature which, in the course of their legislation, dictate the State.

Article thirty-eight.

One. In matters of exclusive competence of the Autonomous Community, Galicia's own law is applicable in its territory, with preference to any other, in accordance with the terms laid down in this Statute.

Two. In the absence of Galicia's own law, the law of the State will be applicable.

Three. In determining the sources of civil law, the rules of Galician civil law shall be respected by the State.

THIRD TITLE

From the Galician Public Administration

Article thirty-nine.

It is for the Autonomous Community to create and structure its own public administration, within the general principles and basic norms of the State.

Article forty.

In the terms provided for in Article twenty-seven, two, of this Statute, by law of Galicia it may be:

One. Recognize the region as a local entity with legal personality and its own demarcation. The region will not necessarily mean the abolition of the municipalities that integrate it.

Two. Also create clusters based on urban and other functional events for specific purposes.

Three. Recognize the legal personality of the rural parish.

Article forty-one.

The Autonomous Community will perform its administrative functions for organs and entities that are dependent on the Galicia Board. It may also delegate them to the provinces, municipalities and other local entities recognised in this Statute.

TITLE FOURTH

Of the economy and the hacienda

Article forty-two.

The Galician Autonomous Community will count for the performance of its competencies with its own Finance and Heritage.

Article forty-three.

One. The heritage of the Autonomous Community shall consist of:

First. The heritage of the Autonomous Community at the time of the adoption of the Staff Regulations.

Second. Goods affected by services transferred to the Autonomous Community.

Third. Goods acquired by the Autonomous Community for any valid legal title.

Two. The heritage of the Autonomous Community, its administration. defense and conservation will be regulated by a Law of Galicia.

Article forty-four.

The Finance of the Autonomous Community is constituted by:

One. Income from taxes established by the Autonomous Community.

Two. The income of the taxes transferred by the State to which the additional provision is referred to and of all those whose cession is approved by the General Courts.

Three. A percentage of participation in the total collection of the State by direct and indirect taxes, including tax monopolies.

Four. The performance of their own rates for special use and for the provision of direct services of the Autonomous Community, either of their own creation or as a result of transfers of State services.

Five. The special contributions established by the Autonomous Community in the exercise of its powers.

Six. State tax surcharges,

Seven. Where applicable, the proceeds from the Interterritorial Compensation Fund.

Eight. Other allocations from the State General Budget.

Nine. The issuance of debt and the resource to credit.

Ten. The income of the assets of the Autonomous Community.

Once. Private law income, legacies and donations; grants.

Twelve. Fines and penalties in the field of their competences.

Article forty-five.

The Galician Autonomous Community or affected local authorities will participate in the income corresponding to the taxes that the State can establish to recover the social costs produced by polluting activities or Risk generators of particular gravity for the physical and human environment of Galicia, in the form established by the law creating the charge.

Article forty-six.

One. Where the transfer of services is completed or the sixth year of the validity of the Staff Regulations is completed, if the Autonomous Community so requests, the annual participation in the revenue of the State referred to in Article 40 (3) and (4) and defined in the fifth transitional provision shall be negotiated on the following basis:

(a) The average of the population coefficients and fiscal effort of Galicia, the latter as measured by the collection in its territory of the Income Tax of the Physical Persons, that is, the ratio between the collection effectively obtained and the potentially achievable taking into account the level and personal distribution of income.

(b) The amount equivalent to the proportional contribution corresponding to Galicia for the services and general charges that the State continues to assume as its own.

c) The inverse relationship between the average real income of residents in the Autonomous Community and the state average.

d) the relationship between the deficit indices in social services and infrastructure affecting the territory of the Community and the State as a whole.

e) Relationship between the per capita costs of the social and administrative services transferred for the territory of the Community and for the State as a whole.

f) Other criteria that are estimated from.

Two. The fixing of the new percentage of participation shall be the subject of initial negotiation and shall be reviewed at the request of the Government or the Galician Autonomous Community every five years.

Article forty-seven.

One. The Autonomous Community may, by agreement of the Parliament, issue public debt to finance investment expenditure.

Two. The volume and characteristics of the emissions shall be established in accordance with the general management of the credit policy and in coordination with the State.

Three. The securities issued shall be regarded as public funds for all purposes.

Article forty-eight.

In the event that the State issues debt partially for the creation or improvement of services located in Galicia and transferred to the Galician Autonomous Community, the latter will be empowered to develop and present the works and services benefiting from the issue.

Article forty-nine.

One. It is up to the Autonomous Community to grant financial protection to local authorities, while respecting the autonomy which the Articles 100 and 40 and two of the Constitution recognize, and in accordance with Article 27, two, of this Statute.

Two. It is the responsibility of the local authorities of Galicia to manage, collect, sell and inspect their own taxes, without prejudice to the delegation they may grant to these powers in favour of the Autonomous Community. gallega.

By law of the State the system of collaboration of the local authorities, of the Galician Autonomous Community and of the State will be established for the management, liquidation, collection and inspection of those taxes that are determined.

The income of local authorities in Galicia, consisting of participation in state revenue and in conditional grants, will be collected through the Galician Autonomous Community, which will distribute them according to the legal criteria to be established for the said units.

Article fifty.

The Galician Autonomous Community will enjoy the tax treatment that the law establishes for the State.

Article fifty-one.

The following matters will necessarily be regulated by law of the Galician Parliament:

(a) The establishment, modification and removal of their own taxes, fees and special contributions and exemptions or bonuses that affect them.

b) The establishment and modification and removal of surcharges on state taxes.

(c) The issuance of public debt and other credit operations agreed by the Galician Autonomous Community.

Article fifty-two.

Corresponds to the Board of Galicia:

a) Approve the General Regulations of their own taxes.

b) Develop the precise regulatory standards to manage the state taxes transferred in accordance with the terms of such assignment,

Article fifty-three.

One. It is for the Board or Government to draw up and implement the budget of the Galician Autonomous Community, and to the Parliament for its examination, amendment, approval and control. The budget shall be unique and shall include all expenditure and revenue of the Galician Autonomous Community and of the agencies, institutions and undertakings of which it is dependent.

Two. Without prejudice to the provisions of Article 100 (thirty) and (six) and (d) of Article 150 and three of the Constitution, the Council of Auditors of Galicia is hereby established. A law of Galicia shall regulate its organisation and operation and shall establish the guarantees, rules and procedures to ensure the accountability of the Autonomous Community, which shall be subject to the approval of Parliament.

Article fifty-four.

One. The management, collection, liquidation and inspection of their own taxes shall be the responsibility of the Galician Autonomous Community, which shall have full powers for the implementation and organisation of such tasks, without prejudice to the cooperation which can be established with the State Tax Administration, especially where the nature of the tax so requires.

Two. In the case of taxes whose yields have been transferred, the Board shall assume, by delegation of the State, the collection, liquidation and inspection of the taxes, without prejudice to the cooperation that may be established between the two Administrations, all in accordance with what is specified in the law that establishes the scope and conditions of the assignment.

Three. The management, collection, liquidation and inspection of the other taxes of the State collected in Galicia shall be the responsibility of the State Administration, without prejudice to the delegation that the Autonomous Community may receive from the State and from the State. collaboration that can be established, especially when required by the nature of the tribute.

Article fifty-five.

One. The Autonomous Community, in accordance with the laws of the State, shall appoint its own representatives in the economic organizations, financial institutions and public undertakings of the State, whose competence shall be extended to the territory of the Galician and which by its nature are not subject to transfer.

Two. The Autonomous Community may constitute public undertakings as a means of implementing the functions of its competence, as laid down in this Statute.

Three. The Autonomous Community, as a public authority, may make use of the powers provided for in Article 100 (1) of the Constitution, and may, by means of appropriate legislation, encourage cooperative societies on the basis of resulting from Article 28 (7) of this Statute.

Likewise, in accordance with the law of the State in the matter, I shall be able to use the other powers provided for in paragraph two of the article one hundred and twenty-nine of the Constitution.

Four. The Galician Autonomous Community is empowered to set up institutions to promote full employment and economic and social development within the framework of its powers.

TITLE FIFTH

From the reform

Article fifty-six.

One. The reform of the Staff Regulations will follow the following procedure:

(a) The initiative of the reform shall be the responsibility of the Board, the Galician Parliament, on the proposal of one fifth of its members, or the General Courts.

b) The reform proposal will, in any case, require the approval of the Galician Parliament by a two-thirds majority, the approval of the General Courts through organic law and, finally, the positive referendum of the electors.

Two. If the reform proposal is not approved by the Galician Parliament or by the General Courts, or is not confirmed by referendum by the electoral body, it will not be able to be put back to debate and vote of the Parliament until there has been a referendum. one year elapsed.

Three. The approval of the reform by the General Cortes, by means of an organic law, shall include the authorization of the State for the Autonomous Community to call the referendum referred to in paragraph (b) of paragraph one of this article.

Article fifty-seven.

Notwithstanding the provisions of the previous article, when the reform was aimed at the simple alteration of the organization of the powers of the Autonomous Community and will not affect the relations of the Autonomous Community with the Status, it may proceed as follows:

a) Elaboration of the reform project by the Parliament of Galicia.

a) Consultation with the General Courts.

(b) If, within thirty days of receipt of the consultation provided for in the preceding paragraph, the General Courts are not declared affected by the reform, a referendum on the reform shall be convened, duly authorised. proposed text.

c) The approval of the General Courts by organic law will be required finally.

(e) If, within the period referred to in point (c), the Courts are declared to be affected by the reform, the reform shall follow the procedure laid down in the preceding Article, with the completion of the procedure referred to in paragraph (a) of the Mentioned article.

ADDITIONAL PROVISIONS

First.

One. The performance of the following taxes is given to the Autonomous Community, in accordance with the terms of paragraph 3 of this provision:

a) Net Heritage Tax.

b) Tax On Heritage Transmissions.

c) Tax on Successions and Donations.

d) Tax on the Luxury to be collected at destination.

The eventual deletion or modification of any of these taxes will involve the extinction or modification of the cession.

Two. The content of this provision may be modified by the Government's agreement with the Autonomous Community, which will be dealt with by the Government as a bill. For these purposes, the amendment to this provision shall not be deemed to be an amendment to the Staff Regulations.

Three. The scope and conditions of the transfer shall be established by the Joint Committee referred to in paragraph 1 of the fourth transitional provision, which shall in any case refer to income in Galicia. The Government shall deal with the Commission's agreement as a draft law, or if it is a matter of urgency, such as Decree-law, within six months of the establishment of the first Board of Galicia.

Second.

The exercise of the financial powers granted by this Statute to the Autonomous Community of Galicia shall be in accordance with the provisions of the organic law referred to in Article 150 (3) and (7) of the Treaty. Constitution.

Third.

One. The Board will coordinate the activity of the Provincial Diputations of Galicia as soon as it directly affects the general interest of the Autonomous Community, and to these effects will be joined by the budgets that those that prepare and approve to that of the Board of Galicia.

Two. The Board may entrust the implementation of its agreements to the Provincial Diputations. They shall perform the tasks assigned to them by the Board or delegated to them.

Fourth.

The holding of elections will be in accordance with the laws which, if necessary, will be approved by the General Courts with the exclusive aim of coordinating the calendar of the various electoral consultations.

TRANSIENT PROVISIONS

First.

The first Galician Parliament will be chosen according to the following rules:

One. Prior agreement with the Government, the Preautonomic Board of Galicia will convene the elections within a maximum of 120 days since the enactment of this Statute. The elections shall be held within a maximum of 60 days from the date of the convocation.

Two. The electoral constituency will be the province, with a total of seventy and one member, of which will correspond to the province of La Coruña, twenty-two; to that of Lugo, fifteen; to that of Orense, fifteen, and to that of Pontevedra, nineteen.

Three. Members of the Galician Parliament shall be elected by universal, equal, direct and secret suffrage of the over eighteen years of age, according to a system of proportional representation.

Four. The Provincial Electoral Boards shall have, within the limits of their respective jurisdiction, all the powers conferred on the Central Board by the electoral regulations in force.

For the resources that have as their object the challenge of the validity of the election and the proclamation of the elected members will be competent the Room of the Administrative-Administrative of the Territorial Audience of La Coruña, until is integrated in the Superior Court of Justice of Galicia, which will also understand the resources or challenges that come against the agreements of the provincial electoral boards.

Against the resolutions of the said Chamber of the Territorial Hearing, no recourse shall be made.

Five. In all cases not provided for in this provision, the rules in force for the legislative elections to the Congress of Deputies of the General Courts shall apply.

Second.

One. At its first meeting, the Galician Parliament:

(a) It shall be constituted, chaired by a Bureau of Age, composed of a President and two Secretaries, and shall elect the provisional Bureau, composed of a President, two Vice-Presidents, one Registrar and one Deputy Secretary.

b) You will elect your Authorities in accordance with this Statute.

Two. Elected the organs of the Galician Autonomous Community, the pre-regional institutions will be dissolved.

Third.

As long as the Genoral Courts do not elaborate the laws to which this Statute refers and the Parliament of Galicia legislates on the matters of its competence, the current laws and provisions of the State that are they refer to those matters, without prejudice to the fact that their legislative development, where appropriate, and their implementation, is carried out by the Galician Autonomous Community in the cases provided for in this Statute.

Fourth.

One. In order to transfer to Galicia the functions and duties corresponding to it in accordance with this Statute, a Joint Joint Committee shall be set up within a maximum of one month following the establishment of the Galicia Board. made up of representatives of the State and the Galician Autonomous Community. The Joint Committee shall establish its operating rules. Members of the Joint Commission of Galicia shall regularly report on their management to the Galician Parliament.

The Joint Committee will establish the timetables and deadlines for the transfer of each service. In any event, the Commission must determine within two years from the date of its formation the term in which the transfer of all the services corresponding to the Galician Autonomous Community will be completed, This Statute.

Two. The agreements of the Joint Committee shall take the form of proposals to the Government, which shall approve them by means of a Decree, including those annexed thereto and shall be published simultaneously in the Official Gazette of the State and in the Official Journal of the European Communities. Galicia ", taking effect from this publication.

Three. It shall be sufficient for the registration in the Land Registry of the transfer of real estate of the State to the Autonomous Community of the certification by the Joint Commission of the duly enacted government agreements. This certification must contain the requirements of the Mortgage Law.

The change of ownership in the lease of premises for public offices of the services being transferred shall not entitle the lessor to terminate or renew the contract.

Four. Officials assigned to State-owned services or other public institutions that are affected by transfers to the Autonomous Community will become dependent on it, while they are respected all the rights of any order and the nature of the transfer, including that of participating in the transfer competitions which the State has called on equal terms with the other members of its Body, and may exercise its right in this way. option permanent.

As long as the Autonomous Community of Galicia does not approve the statutory regime of its officials, the provisions of the State in force on the matter shall apply.

Five. The Joint Committee, set up in accordance with the Royal Decree four hundred and sixty-four/thousand nine hundred and seventy-eight, of 16 March, shall be deemed to be dissolved when the Joint Committee referred to in paragraph 1 is established. transient arrangement.

Fifth.

One. Until the transfer of the services corresponding to the powers laid down by the Autonomous Community in this Statute has been completed, the State shall ensure the financing of the services transferred to the Community with an amount equal to the effective cost of the service in Galicia at the time of transfer.

Two. In order to ensure the financing of the services referred to above, the Joint Committee provided for in the fourth transitional provision shall adopt a method of fixing the percentage of participation provided for in Article 40 (3). four. The method to be followed shall take into account both the direct costs and the indirect costs of the services, as well as the investment costs that correspond.

Three. When fixing transfers for investments, account shall be taken of the progressive nature of the provision of services throughout the territory of the State, in accordance with the provisions of this Regulation, where appropriate, where appropriate, the necessary transfers for the operation of services.

The financing referred to in this paragraph will take into account the contributions made to Galicia, starting from the Compensation Fund referred to in Article 150 and eight of the Constitution, as well as the action State investor in Galicia, which does not apply to the Fund.

Four. The Joint Committee referred to in paragraph 2 shall set the percentage rate for the duration of the transitional period at least one month before the presentation of the General Budget of the State in the Courts.

Five. On the basis of the method set out in paragraph 2, a percentage shall be established in which the overall effective cost of the services transferred by the State to the Autonomous Community shall be deemed to be the total cost of the collection obtained by the latter. for the taxes transferred, in relation to the sum of the income obtained by the State in Chapters I and II of the last Budget prior to the transfer of the services.

Sixth.

As regards television, the application of Article 30 (3) and (4) of this Statute assumes that the State will grant the Autonomous Community of Galicia the use of a third the state-owned channel, which must be created specifically for its issuance in the territory of Galicia, in the terms provided for in that concession.

Until the effective implementation of this new television channel, Radiotelevisión Española (RTVE) will articulate through its organization in Galicia a transitional regime of specific programming for the territory of Galicia, which Televisión Española will issue for the second chain (UHF).

The cost of the specific television programming referred to in the preceding paragraph shall be understood as the basis for the determination of the subsidy which may be granted to the Autonomous Community of Galicia during the two years. First years of operation of the new channel referred to in this transitional provision.

Seventh.

The transfers to be carried out in the field of education to transfer to the competence of the Autonomous Community the services and centers of the State in Galicia, will be carried out according to the calendars and programs that define the Joint Commission.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Palacio Real, de Madrid, six April of a thousand nine hundred and eighty-one.

JOHN CARLOS R.

The President of the Government,

LEOPOLD CALVO-SOTELO AND BUSTELO