The coder movement that broke into Europe at the end of the 18th century gave rise, in Spain, to the creation of a specific, highly specialized organ, apart from political changes, which addressed the important task of develop and keep up to date the new codes required by Spanish society. Hence, the Commission on Coding, of a technical nature and made up of the most relevant jurists, will be established in 1843.

Throughout its more than one hundred and seventy years of existence, the Codification Commission has uninterruptedly developed its pre-legislative work, drawing up proposals for codes and special laws. The vitality demonstrated by the Commission and the excellence of its work reveal its ability to prepare the legal reforms that will prove necessary in the future.

Codification is a legislative technique that orders, systematizes and clarifies the legal system, while contributing to simplify it by meeting the rules dispersed in a single text. The usefulness of the codes is not only projected on the activity of the legal professionals, but also on the lives of the citizens, because it makes it easier for some and others to locate the norms that govern social relations, and even on the economy of the nation, because the clarity of the law and the legal certainty stimulate international trade and investments, constituting relevant indicators in terms of economic competitiveness.

Furthermore, the constitutional principles that shape the rule of law-legality, the normative hierarchy, legal certainty, the interdiction of the arbitrariness of public authorities-demand clarification and Simplification of the order, and the most appropriate way to obtain these goals is precisely the codification. Demands that must also be addressed in order to bring the law closer to the citizens through accessible and understandable legal language, adapted to the social reality at every moment.

The current situation of rationalizing work in the regulatory field is also evident in the work of consolidation and codification of European Union law that are being carried out by its institutions and in the Intensive efforts to codify the national rights that are being addressed, and in some cases culminating, various States of the Union.

With these Statutes it is intended to update and streamline the operation of the General Coding Commission, for the most effective fulfillment of its tasks, without the rigor that must preside over its performance.

In relation to the vowels, its independence and the strictly technical character of its function are accentuated, which has led to the abolition of the free separation of the same ones that contemplated the Statutes contained in the Royal Decree 160/1997 of 7 February, which are now repealed.

The present Statutes also require the regulation of citizens ' right to access the General Codification Commission's Archive, and the duties of custody and conservation of their funds.

In its virtue, on the proposal of the Minister of Justice, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting on 25 September 2015,

DISPONGO:

Single item. Approval of the Statutes of the General Coding Commission.

The Statutes of the General Coding Commission are approved, the text of which is inserted below.

Single repeal provision. Repeal of rules.

The Royal Decree 160/1997 of 7 February 1997, approving the Statute of the General Codification Commission, as well as all other provisions of equal or lower rank, is hereby repealed. present royal decree.

Final disposition first. Enabling regulatory development.

The Minister of Justice is empowered to dictate how many provisions are necessary for the development of this royal decree.

Final disposition second. Entry into force.

This royal decree and the Statutes of the General Coding Commission shall enter into force on the day following that of their publication in the "Official State Gazette".

Given in Madrid, on September 28, 2015.

FELIPE R.

The Minister of Justice,

RAFAEL CATALA POLO

STATUTES OF THE GENERAL CODING COMMISSION

CHAPTER I

General provisions

Article 1. Concept.

1. The General Codification Commission is the highest body of advice to the Minister of Justice to which the preparation of the texts falls within the competence of the ministerial department to which it is attached. Legislative and regulatory and how many other tasks are entrusted to it for the best guidance, preservation and protection of the legal system.

2. The Commission may also take up such duties in matters falling within the competence of other Ministries, subject to their express request to the Minister of Justice.

Article 2. Organic membership and legal status.

1. The General Coding Commission is attached to the Ministry of Justice through the Technical General Secretariat, in accordance with the current rules regarding the organic structure of the Department.

2. The Commission shall be governed by these Statutes and, in an additional manner, by the provisions of the legislation on the legal status and the procedure of public administrations in relation to the functioning of the collective bodies.

Article 3. Functions.

The General Coding Commission has the following tasks assigned:

1. The preparation of the codified legislation or other normative proposals that the Minister of Justice expressly entrusts to him.

2. The review of the legal bodies and laws in force in the various branches of law and the presentation to the Minister of Justice of the outcome of their studies, with special attention to the advisability of promoting delegations legislative texts that are recast or initiatives to consolidate, harmonise and simplify regulatory provisions.

3. The elaboration of projects related to the activities of their function, as well as their proposal to the Minister of Justice.

4. The elaboration of opinions or reports on matters of a legal nature which the Minister of Justice, other ministerial departments or the Government shall submit to their consideration.

5. The technical correction, the clarity of the legal language and the style of the bills and draft provisions to be entrusted to it by the Minister of Justice.

Article 4. Headquarters and treatment.

The General Coding Commission has its headquarters in the villa of Madrid and enjoys the honors that the tradition says it corresponds to.

Article 5. External relationships.

The General Coding Commission will be in communication with all those institutes and centers of study, information and research of the law that it considers of interest for the fulfillment of its purposes.

CHAPTER II

Composition

Article 6. Composition and members.

Integrate the General Coding Commission, its President, the Vice President, the Section Presidents, the Vowels and the Secretary-General.

Article 7. President of the Commission.

The Minister of Justice is the President of the General Coding Commission and, in such a condition, it is up to him:

a) Ostend the representation of the Commission.

b) To upload to the President of the Section corresponding to the elaboration of normative proposals, opinions or reports.

c) Chair the meetings of the Commission to which you attend.

d) Call for meetings of the plenary and the Standing Committee.

e) To address with your vote the draws that are produced in the meetings you chair.

f) Giving possession to the members of the Commission.

g) Assign the vowels to the different Sections.

h) Order the publication of the proposals, studies or reports prepared by the Sections.

Article 8. Vice-President of the Commission.

The Technical Secretary General of the Ministry of Justice is the Vice President of the General Coding Commission and, in such a condition, it is up to him:

(a) Curse the orders, instructions and orders of proposals, opinions or reports emanating from the President of the Commission.

b) Coordinate the Commission's external and institutional relations.

(c) Replace the President of the Commission in the cases of vacancy, absence or illness.

d) Designate the voice of the Section to temporarily replace its President in the case of a vacancy or prolonged absence.

e) To provide, through the General Secretariat, the means necessary for the Sections, presentations and working groups for their proper functioning.

f) Exercise those other functions that the President delegates to him and those not expressly attributed to another body.

Article 9. Section presidents.

1. The Presidents of the Section of the General Codification Commission will be freely appointed and separated by royal decree, on the proposal of the Minister of Justice. His appointment will be made in consideration of the relevant merits in the scientific and professional order of the appointees.

2. It is for the Presidents of the Section to convene and preside over the meetings of their respective Sections and to draw up their agenda, to establish their working arrangements and to conduct the debates and votes, taking care of the order of them. sessions requires, granting or withdrawing the word to those gathered and deciding with their vote the cases of tie.

In the exercise of these functions, the Section Presidents are vested with the necessary powers to resolve any doubts raised.

You may also request the publication of the proposals, studies or reports produced by their respective Sections.

3. When for any reason the President does not attend the meeting, he will be replaced by the most senior vowel in the Section and, in equal circumstances, by the oldest.

Article 10. Vowels.

1. The General Coding Commission is composed of vowels, permanent vowels, vocal members and honorary vowels.

2. The vowels will act, in the performance of their function, with objectivity and independence, in accordance with the Constitution and the laws.

3. The President of the General Council of Spanish Lawyers, the President of the General Council of Attorneys of Spain, the President of the General Council of the Notary, the Dean-President of the National College of Registrars of the Spanish, will be vowels. Property, Mercantile and Real Estate of Spain, the President of the General Council of Colleges of Economists, the President of the National College of Judicial Secretaries, the President of the National Commission of the Markets and the Competition, the Senior officials from the Ministry of Justice, the Director of the Centre for Legal Studies, Ministry of Justice, the Director of the Spanish Data Protection Agency, the President of the Accounting and Audit Office, the head of the International Legal Advisory Office of the Ministry of Foreign Affairs and Cooperation, the General Legal Adviser to the Ministry of Defence and the Technical Secretary-General of each of the other ministerial departments.

Vowels, in addition to participating in the plenary session, may be included in the Sections, presentations or working groups for specific matters by decision of the President of the Commission.

4. Permanent vowels shall be freely appointed by the Minister of Justice among jurists of recognized prestige who, at least, have 15 years of scientific dedication to the law or professional practice in the legal field. It shall be sought in its designation to ensure the plurality of legal professionals and geographical origin within Spain.

Permanent vowels will necessarily be assigned to one of the Commission's Sections. The number of permanent vowels in each Section may not exceed thirty.

Permanent vowels will cease in the post of resignation, permanent incapacity or prolonged inattendance at the Section sessions to which they are attached.

In the case of termination of resignation, honorary vowels may be appointed, and continue to assist the relevant Section and intervene in their deliberations.

The cessation of a permanent vowel for prolonged inattendance at the sessions of its Section shall be produced at the reasoned request of the President of the Section when, at least, he has not attended half of the meetings convened in a year.

The Secretary-General of the Commission will maintain an updated list of permanent vowels, which will be published through the Ministry of Justice's website.

5. In the case of matters for which the cooperation of other persons is deemed appropriate for their particular competence, those persons may be appointed by the Commission's Minister of Justice, who are members of the Commission, taking part in a Section, (i) a working group, in order to assist them for as long as it is necessary and to be determined in the appointment. Members of the committee may attend the meetings of the Commission with a voice and vote.

Article 11. Rights and faculties of the vowels.

The vowels of the General Coding Commission have the following rights and powers:

a) Debate and vote on the matters under consideration, under the direction of the Section President.

b) Present motions and proposals on amendments to the legal order that they consider should be elevated to the Minister of Justice.

c) Propose to the President of the Section that studies be carried out in the Commission that they consider appropriate on the various aspects of the legal system.

d) To be assigned to one of the sections constituted and to attend the ordinary sessions of the Section to which they belong, as well as to participate in the debates of the other Sections, in respect of a given matter, provided that so they so request and are duly authorised by the President of the relevant Section.

e) Receive the treatment of excellent lord and traditional honors, as well as to have the documents that accredit the condition of permanent vowel of the Commission.

(f) To receive the compensation for attending the sessions of the Section, in accordance with the provisions of the royal decree governing the compensation for the reason of the service, in the case of permanent vowels and attached.

Article 12. Secretary-General.

1. Under the responsibility of the President and the Vice-President of the Commission, a Secretary-General shall be responsible for coordinating and assisting in the work of the Commission, as well as for providing the necessary administrative services, which shall be performed by personnel assigned to the Technical General Secretariat of the Ministry of Justice.

The Secretary-General shall be assisted in the performance of his duties by the secretaries referred to in Article 13 of this Statute.

2. The position of Secretary-General of the General Codification Commission will be carried out by the Deputy Director General of Legislative Policy of the Technical General Secretariat of the Ministry of Justice, and bears the status of the Commission's vowel. In the case of a vacancy, absence or illness shall be replaced by the oldest section secretary or, on equal terms, by the oldest.

3. It is for the Secretary-General of the Commission:

(a) Take care of the proper development of your work by the staff assisting and collaborate in the Commission's functions.

(b) Curse the calls for meetings of the plenary session, of the Standing Committee and of the Sections, according to the instructions received from the respective Presidents.

c) Draft and authorize the minutes of the plenary sessions and the Standing Committee, and communicate to the secretaries the instructions necessary for the minutes of the meetings held by the Sections, presentations or working groups are written according to homogeneous criteria.

d) Exorder and authorize, for all purposes, certifications related to the General Coding Commission.

e) Take care of keeping the records necessary for the good order of the secretariat and its conservation.

f) Forming, documenting them sufficiently, all manner of proposals for further processing.

g) Organize and take care of the best functioning of the Commission Archive, paying particular attention to ensuring the orderly conservation of how many records and data are related to each subject that has been studied in the Commission.

(h) Take the periodic control of the allocations which, under the budget appropriation, correspond to the members of the Commission in relation to the attendance of the meetings of the Commission.

Article 13. Secretaries.

1. The Sections of the Commission shall have a Registrar. His appointment, as agreed by the Vice-President of the Commission on a proposal from the Secretary-General, shall be on officials assigned to the Ministry of Justice who are licensed or graduated in law.

The secretaries shall attend the meetings without a voice or vote, unless they have the status of voice, and shall be entrusted with the drafting of the minutes in accordance with the instructions of the Secretary-General.

2. Secretaries may be attached to the papers or working groups, on a temporary or permanent basis, for whose appointments the procedure described in the previous paragraph shall be observed.

3. He may also act as secretary, where necessary, at any of the members of the section, presentation or working group, which shall be the subject of the drafting of the minutes and their referral to the Secretary-General of the Commission.

CHAPTER III

Operation

Section 1. Commission Regime

Article 14. Operation of the Commission.

1. The General Coding Commission shall operate in full, in the Standing Committee and in Sections.

2. It may also operate under mixed sections, with the attendance of members of more than one section, when the President of the Commission so decides, who shall appoint the President of the Commission.

Article 15. Full.

1. The plenary session of the Commission shall be composed of all the members listed in Article 6

2. In addition to the President, the Vice-President and the Secretary, half of the members who make up the plenary session must be present to meet validly. On the second call, you will meet validly whatever the number of attendees.

3. The agreements shall be taken by a majority of the votes of the present, with the vote, if any, of the President.

Article 16. Powers of the plenary session.

The plenary session shall be convened at the initiative of the President of the Commission when it considers it appropriate and, in particular, to hear about those matters and files which, after having been the subject of consideration by the Standing Committee or by the Sections, consider that they should be so important.

The President will be able to address the plenary session for the establishment of the "Commission's Work Plan", which will be integrated by the orders he makes either on his own initiative or on the basis of the proposals of the Permanent Commission and Sections and motions formulated by the vowels.

Article 17. Standing Committee.

1. The Standing Committee is composed of the Chairman of the General Codification Commission, the Vice President, the Presidents of the Section and the Secretary-General.

2. They shall also be incorporated into the meetings of the Standing Committee with a voice and vote for those members of the General Codification Commission accredited in each case by the President in order to participate in the matters forming part of the order. on the day of the corresponding meeting.

3. The agreements shall be adopted by a majority of the votes of those attending the sitting, with the vote, if any, of the President.

4. The Standing Committee shall meet at least once a year for the opening of the course, unless it has a plenary session convened for that purpose, and to approve the 'Memory of Activities' of the previous course, which shall be drawn up by the Commission. Secretary-General.

5. It is for the Standing Committee to coordinate the tasks of preparing normative texts between the various Sections, presentations and working groups when required by the subject matter.

Article 18. Powers of the Standing Committee.

These are the functions of the Standing Committee:

(a) Advise the President of the Commission in cases where the latter requires its opinion.

b) Report, at the request of the President of the Commission, on the distribution of cases between the Sections in accordance with the competence attributed to each of them. Where the President of the Commission considers that, by the nature of the project to be prepared or by the nature of the consultation or opinion to be issued, it is appropriate that the work be carried out jointly by several sections. The Standing Committee shall report on the members of the Joint Committee and on the members of the Joint Section.

c) Designate the components of the workgroups when the matter affects multiple Sections.

(d) to know and approve the final texts of the reports or proposals drawn up by the papers or working groups, where for reasons of urgency or any other circumstance so decided by the President of the Commission, own initiative or at the proposal of the respective Section President.

e) In general, dealing with how many issues are of competence of the General Coding Commission and are not specifically attributed to the other organs of this.

Article 19. Sections.

1. The Sections of the General Coding Commission shall be five: the first, of Civil Law; the second, of Commercial Law; the third, of Public Law; the fourth, of Criminal Law, and the fifth, of Procedural Law.

2. Each Section shall be composed of its President and the members assigned to it.

Article 20. Papers and working groups.

1. The President of the Commission, acting on a proposal from the President of the Section concerned, may, within the Sections, set up a study on specific subjects, with the aim of integrating them into the members of the section which appears to be as well as to the vowels attached to this effect. The papers shall examine the subject matter and shall submit, within the time limit, the result of the work to the section president.

2. Where the President of the Commission considers it appropriate to set up working groups, he shall designate the members of the sections to be included, as well as the members of the group of members assigned to them. The working groups shall examine the subject matter and submit, within the time limit, the results of the work directly to the President of the Commission.

Article 21. Special sections.

1. For the revision of regulatory texts or the preparation of regulatory proposals, the President of the Commission may agree to the establishment of special sections by stating a time limit for completing the order for which the term, or the extension, is to be completed, If applicable, they will be automatically dissolved.

2. The members appointed by the President of the Commission shall be the special sections.

Among them, one or more rapporteurs may be appointed by the President of the Commission.

3. The proposal will be adopted directly to the President of the Commission by the Special Section.

Section 2. Section Work Regime

Article 22. Procedure.

1. The President of the Commission shall be responsible for drawing up a proposal for a regulation or a report to the relevant Section, presentation or working group. The document shall contain the object of the order, the maximum period in which the result is to be delivered, the members of the staff who shall integrate the relevant paper or working group and, where appropriate, the criteria, bases or guidelines, as well as the relevant work documents.

2. The time limit for delivery shall be fixed taking into account the special complexity or technical difficulty of the work entrusted, as well as, where appropriate, the urgency of the implementation of the legislative programmes or commitments. The order must be executed within the maximum period determined for the object.

3. The President of the Commission, the President of the Section, will instruct the President to draw up a draft of the proposed legislation, opinion or report to the voice or voice he considers appropriate, and to act as rapporteurs.

4. Once the draft proposal, opinion or report is received by the President of the Section, a copy shall be sent to the members of the section, so that, within the time limit which the President of the Section has pointed out, they shall submit in writing and in a reasoned manner. amendments which they consider appropriate. The draft and the amendments will be discussed at subsequent section meetings.

5. The hearing of representatives of the social, professional or economic sectors, whose rights or interests may be particularly affected by the proposed legislation, may be agreed within the Sections, presentations or working groups. report in question.

6. After the procedure for drawing up the corresponding work has been completed and approved by the body in charge, the Secretary-General shall issue certification of such extremes and will give transfer of the same, together with the report or proposal object of the order, to the President of the Commission.

Article 23. Call and order of the day.

1. The Sections of the General Codification Commission shall be convened by the President concerned, through his Secretary and at least forty-eight hours in advance of the scheduled date of the meeting.

2. The notice shall contain the order of the day, place of the date and time of the sitting, as well as a copy of the proposal, opinion or report which, if appropriate, is subject to its consideration, indicating the form and time limit for the submission and acceptance of amendments. The call, as well as the other communications or referral of documents between the General Secretariat of the Commission and the Sections, presentations or working groups shall be carried out by electronic means.

Article 24. Amendments.

1. Amendments shall not be taken into consideration if they have not been submitted within the time limit set for the purpose by the President of the Section, and shall be written, signed and reasoned.

2. The section secretariat, with the agreement of its President, shall forward to the voice of the amendments tabled in writing and in good time.

Article 25. Sessions and debates.

1. The President shall be open to the meeting. Discussions on the regulatory reports or proposals shall be strictly in accordance with the text which is the subject of the session and the amendments tabled in accordance with the previous Article.

2. During the course of the debate, the President of the Section shall exercise the powers conferred on him by Article 9 and shall give the replies to the replies and amend the speakers and amend them, and may limit the number and duration of the debate. of the same.

Article 26. Particular agreements and votes.

1. The agreements shall be adopted by a majority of votes of the assistants, deciding, in the event of a tie, the vote of the President.

2. Special votes may be made by the members when they disagree with the majority agreement, provided that they are announced before they are signed and are formulated in writing within forty-eight hours. The announced vote will be able to adhere to the vowels that have been disaffected by the majority's opinion.

3. Vowels who, without disagreeing with the opinion of the majority, wish to record additional or complementary criteria may formulate concurrent votes, fulfilling the conditions set out in the preceding paragraph.

Article 27. Minutes.

1. Of all the meetings to be held, minutes shall be drawn up by the Secretary, in detail of the assistants, the agenda, the circumstances of place and time, the main points of the deliberations, as well as the content of the agreements. adopted with the expression of the results of the votes and, where appropriate, the formulation of favourable, contrary, concurrent and abstentions votes.

The minutes will be signed by the secretary with the President's approval.

2. Any vowel may request the full transcript of his or her speech, proposal or motivation of the vote, provided that he/she provides the relevant text within the course of the session or within a period of forty-eight hours. minutes.

3. The minutes shall be approved in the same or the following session and may, however, be issued by the Registrar certifying the arrangements adopted and order his transfer to the applicant, without prejudice to the subsequent approval of the minutes.

Article 28. Obligation to stealth.

Members of the Commission are required to keep the status of proposals, opinions and reports adopted until the adoption of the relevant standard and, if they are not dealt with, to be kept up to date, while the President of the Commission does not authorize the contrary. This obligation also covers the state of work, and the deliberations, opinions and votes cast in any of the meetings.

Article 29. Advertisement of the regulations and reports of the Sections.

Once approved and raised by the relevant section a regulatory proposal or report to the President of the Commission, the Commission may decide to publish it on the website of the Ministry of Justice and, where appropriate, the opening of a period of public consultation. Failing this, the publication of the proposed regulations will take place after the processing and approval of the relevant standard and, if they are not dealt with, when the President of the Commission so decides.

CHAPTER IV

Commission file

Article 30. Custody of the File.

The Archive of the General Codification Commission will be in the custody and surveillance of the Secretary General, who will take care of his ordered cataloging and due to his due conservation, taking into account the provisions of the general legislation on file matters.

Article 31. Query the File.

The file may be consulted by the members of the Commission. Where the President of the Commission or the Presidents of the Section interest him, the General Secretariat shall issue copies of the documents which they request and which shall serve as a background to work in preparation.

Article 32. Right of access to the File.

Citizens have the right of access to the General Codification Commission File in terms of the law of the Public Administration and the administrative procedure.

Access may be carried out in person, by mail, or by electronic means.

Article 33. Access request.

1. The request for access to the Archive shall be addressed to the Secretary-General of the General Coding Commission and shall contain at least:

(a) The name and surname of the person concerned and, where appropriate, the person representing him, as well as the identification of the preferred means and the place to be indicated for the purposes of notifications.

When the person concerned is represented, the document certifying the power of representation shall be provided with the application.

b) How many ends serve to accredit the applicant's investigator status and their interest in file access.

c) The relationship of documents whose examination or query is requested.

2. The decision on the application referred to in the preceding paragraph shall be adopted by the Secretary-General of the General Coding Commission within 15 days and shall be liable to appeal to the Vice-President.

3. The request for access shall be inadmissible or refused where appropriate in accordance with the provisions of the law on transparency, access to public information and good governance and other rules that are applicable.

The denial of the file access request will be motivated.

Article 34. Obtaining copies.

The right of access shall include the right to obtain copies of the documents for which the examination has been authorized, subject to payment, if any, of the levies which are legally established. Copies may be refused only if, in the light of the age or the state of preservation of the original document, their handling and reproduction by photomechanical means poses a certain risk of deterioration of the document. In these cases, the interested parties may be authorized to obtain, at their expense, the information contained in the document by any means that do not imply any deterioration of the original.

The administrative decision authorizing the person's access to the documents belonging to the File of the General Coding Commission may, in a reasoned manner, refuse to obtain copies of the documents. expressed in the preceding paragraph.

Article 35. Scope of the authorization.

The authorization will be valid only for the requested documents and will be granted for a given period of time. The authorised investigators shall be obliged to respect the schedule and rules of internal procedure of the Archive.

In no case will the output of documents from the General Coding Commission file be allowed.