Advanced Search

Resolution Of 15 March 2016, The Government Delegation In The Autonomous Community Of Extremadura, In Which Certain Powers Are Delegated To Citizen Security.

Original Language Title: Resolución de 15 de marzo de 2016, de la Delegación del Gobierno en la Comunidad Autónoma de Extremadura, por la que se delegan determinadas competencias en materia de seguridad ciudadana.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Article 103.1 of the Spanish Constitution states that the Public Administration serves the general interests objectively and acts in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with full submission to law and law.

Also, Article 3 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, establishes, among others, the following principles of organization and operation: hierarchy, (a) functional decentralization, functional and territorial deconcentration, economy, sufficiency and strict adequacy of the means for institutional purposes, simplicity, clarity and proximity to the citizens, coordination, effectiveness in compliance with the the objectives set and efficiency in the allocation and use of resources public.

On the other hand, Article 12 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, provides that competition is indispensable and will be exercised by the a body that has it assigned as its own, except in cases of delegation or endorsement, when they are carried out in accordance with the terms laid down in this or other laws.

The Organic Law 4/2015 of 30 March on the Protection of Citizen Security, which, in accordance with the fifth final provision of the law, entered into force on 1 July 2015, has led to the repeal of the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, attributing to the governing body of the Government Delegations certain sanctioning powers.

In the area of the Autonomous Community of Extremadura, the necessary compliance with the principles of efficiency, effectiveness and agility in the administrative processing, advise the desirability of delegating competences in the organs established in each province, integrated into this Government Delegation and hierarchically dependent on it, without prejudice to the permanent control and knowledge of the exercise of such competence.

By virtue of the constitutional and legal principles cited and in application of the provisions of Articles 13 and concordant of Law 30/1992, of 26 November, and in the additional provision 13. of Law 6/1997, of 14 April, it is considered appropriate to agree to the following delegation of powers, subject to the authorisation of the Secretary of State for Public Administrations, dependent on the Ministry of Finance and Public Administrations.

I therefore have:

First.

Delegate to the Government Subdelegation in Cáceres, the exercise of the following powers, in the province of Cáceres:

(a) Competition to resolve sanctioning procedures by the Commission for minor infringements, and to resolve sanctioning procedures by the commission of serious infringements to their minimum and average degree, in respect of citizen security, as set out in Article 32.1.c) of Law 4/2015, of 30 March.

(b) Competition to take the provisional measures, as provided for in Article 49 of Law 4/2015, of 30 March.

(c) Competition to prohibit and suspend entertainment and recreational activities, where there is a certain danger to persons and property, or serious disturbances of public security, provided for in the Article 27 of the same Law 4/2015 of 30 March, in those cases where the decision was the governing body of this Delegation of the Government.

(d) With regard to serious infringements which are intended to be sanctioned to their maximum extent, they are delegated only to the Government Subdelegation in Cáceres, the competition to initiate the sanctioning procedure and, where appropriate, to adopt the provisional measures provided for in that Law, while maintaining the Government's Delegate to impose such sanctions.

Second.

Delegate to the Secretary-General of the Government Subdelegation in Cáceres the competence to agree to the opening of sanctioning procedures for serious infractions in their minimum and medium degree, and for minor infractions, in The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice exercise of the sanctioning authority, approved by Royal Decree 1398/1993 of 4 August.

Third.

These competition delegations do not assume the transfer of ownership of the competition, and therefore:

(a) It only carries out its exercise, so the resolutions to be adopted shall be deemed to be dictated by the governing body of the Government Delegation, and therefore this Delegation of the Government may dictate how many Instructions for service shall be considered to be precise for better coordination of the decisions given by the delegated bodies in the exercise of the powers conferred on them by this act.

(b) Whenever the delegation granted by this Resolution is used, this circumstance shall be expressly stated.

(c) With respect to the delegations granted in the preceding paragraphs, the provisions of Article 13.2 and 13.5 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations shall be strictly observed. of the Common Administrative Procedure.

Fourth.

The delegation of powers of this Resolution shall not be an obstacle to the holder of the Government Delegation being able to endorse the knowledge and resolution of a particular matter, in accordance with the provisions of the Article 14 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Fifth.

The Resolutions on delegations of competencies of the Government Delegate in Extremadura that had been previously carried out on the same subjects remain without effect.

Sixth.

This resolution shall enter into force on the day following that of its publication in the "Official Gazette of the State" as provided for in Article 13.3 of Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.

Badajoz, March 15, 2016. -Government Delegate in the Autonomous Community of Extremadura, Cristina Herrera Santa-Cecilia.