Resolution Of 8 October 2015, Of The Delegation Of The Government In The Autonomous Community Of The Canary Islands, By Which Powers Are Delegated.
Original Language Title: Resolución de 8 de octubre de 2015, de la Delegación del Gobierno en la Comunidad Autónoma de Canarias, por la que se delegan competencias.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10940
The Spanish Constitution of 1978, in its article 103 establishes that public administration acts in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with the subjection to the law and to the right.
Also, the article 3 of the law 6 / 1997, of 14 of April, of organization and operation of the Administration General of the State, sets, between others the following principles of organization and operation: hierarchy.
Deconcentration functional and territorial.
Economy, sufficiency and strict adaptation of the means for institutional purposes.
Simplicity, clarity and proximity to the citizens.
Efficiency in the fulfilment of the objectives set.
Efficiency in the allocation and use of public resources.
On the other hand, article 12 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, establishes that the competition is indispensable and should be exercised by the organ that has attributed as their own, except in cases of delegation or certiorari, where they carry out under the terms provided in this or other laws.
Under these principles and pursuant to the procedure established on the basis of article 13 of law 30/1992, of 26 November and of the additional provision law 6/1997, of 14 April, 13th deemed suitable according the following delegation of competencies, prior authorization of the Secretary of State for public administration, the Ministry of finance and public administration.
For all this I have: first. Delegated powers and bodies that are delegated.
1. delegate in them officers by sub-delegation of the Government in them Palmas and Santa Cruz of Tenerife, in their respective areas territorial and without prejudice of what is agrees in relation to them directors island of it Administration General of the State in such provinces, the exercise of them following competition: to. the initiation of them sanctions by violations serious and mild planned in it law organic 4 / 2015 (, of 30 of March, of protection of the safety citizen, competencies attributed to the organ delegating under it willing in the article 32.1. c) and in the article 44 of the cited law in relation to the article 127.2 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common , and article 10(2) of the rules of procedure for the exercise of the powers to impose penalties, approved by Royal Decree 1398 / 1993, of 4 August.
2 delegate to the directors island of the General Administration of the State in El Hierro, Fuerteventura, La Gomera, Lanzarote and La Palma, in their respective territorial areas, the exercise of the following jurisdiction: the initiation of the penalties for major and minor infringements provided for in organic law 4/2015, of March 30, protection of public safety. (, powers conferred on the authority delegating pursuant to article 32.1. c) and in article 44 of this law in relation to article 127.2 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and article 10(2) of the rules of procedure for the exercise of the powers to impose penalties approved by Royal Decree 1398 / 1993, of 4 August.
Second. Legal regime.
1. the delegation of powers agreed does not imply the transfer of ownership from the competition but only pursuit.
2. whenever is make use of the delegation granted in the present resolution is indicate expressly this circumstance and the resolutions that is adopt is considered dictated by the organ delegating.
3. the delegation shall be revocable at any time, and cannot be delegated the powers conferred on it.
4. the powers delegated by the present resolution may be object of certiorari at any time by the delegating body, in accordance with the provisions of article 14 of the law 30/1992, of November 26, legal regime of public administrations and common administrative procedure.
Third party. Publication and entry into force.
This resolution will be published in the «Official Gazette» and shall take effect from the day following its publication.
Las Palmas de Gran Canaria, 8 October 2015.-the delegate of the Government in the Canary Islands, María de el Carmen Hernández Bento.
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