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Encoder movement that broke out in Europe at the end of the 18th century gave rise, in Spain, to the creation of an organ specific, highly specialized and aside from political changes, which addressed the important task to develop and maintain updated new codes requiring Spanish society. Why is welcomed in 1843 the Committee on codification, of a technical nature and integrated by the most important Jurists.
Along its more than hundred and seventy years of existence, the Codification Commission has continuously developed its prelegislativa work, drafting proposals for codes and special laws. The vitality shown by the Commission and the excellence of his works reveal their ability to prepare legal reforms which are necessary in the future.
The coding is a legislative technique that sorts, systematizes and clarifies the legal system, while helping to simplify it through the meeting of scattered rules in a single text. The usefulness of codes not projected only on the activity of the legal professionals, but also on the lives of the citizens, because it facilitates to some and to others the location of the rules governing social relations, and even on the nation's economy, because of the legal clarity and legal certainty to stimulate international trade and investment constituting relevant indicators in terms of economic competitiveness.
Also the constitutional principles that outline the rule of law - the legality, the normative hierarchy, legal certainty, the arbitrariness of the authorities ban - call for clarification and simplification of the system, and most appropriate for obtaining these goals is precisely encoding. Requirements that must also serve the purpose of bringing together the right to citizens through a legal language accessible and comprehensible, adapted to the social reality in every moment.
The actuality of the racionalizadora policy work reveals itself also in the work of consolidation and codification of the law of the European Union who are engaged in their institutions and in the intense efforts of coders national rights which are addressing, and in some cases culminating, various States of the Union.
These statutes are intended to update and streamline the functioning of the General Commission of codification, for the more effective fulfilment of its tasks, without degradation of the rigour that must govern his performance.
In relation to the vowels, technician of his function, is emphasized his independence and character strictly what has led to suppress the Faculty of free separation of them that watched the statutes contained in Royal Decree 160/1997 of 7 February, which is now repealed.
These statutes also require the regulation of the right of citizens to access to the file of the General Commission of codification, and the duties of custody and preservation of its funds.
In his virtue, a proposal from the Minister of Justice, with the prior approval of the Minister of finance and public administration and after deliberation by the Council of Ministers at its meeting of September 25, 2015, have: single article. Approval of the statutes of the General Commission of codification.
Approve the statutes of the General Commission of codification, whose text is then inserted.
Sole repeal provision. Repeal of rules.
The Royal Decree 160/1997, 7 February, which approve the statutes of the General Commission of codification, as well as many other provisions of equal or lower rank is contrary to the provisions of this Royal Decree shall be repealed.
First final provision. Enabling of regulatory development.
It empowers the Minister of Justice to dictate how many provisions are called for the development of the present Royal Decree.
Second final provision. Entry into force.
The present Royal Decree and the statutes of the General Commission of codification shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on September 28, 2015.
The Minister of Justice, RAFAEL CATALÁ POLO statutes the Commission GENERAL of coding chapter I provisions general article 1. Concept.
1. General Commission of codification is the top organ collegiate Advisory to the Minister of Justice, to which corresponds, in the scope of competences of the ministerial department to which is attached, pre-legislative texts and regulatory character preparation and many other tasks entrusted you to the best guidance, preservation and protection of the legal order.
2. the Commission will also take these functions in matters that are the responsibility of other ministries, upon express request of these to the Minister of Justice.
Article 2. Organic attachment and legal regime.
1. General Commission of codification is attached to the Ministry of justice through the General technical secretariat, in accordance with the current regulations concerning the organizational structure of the Department.
2. the Commission shall be governed by these statutes and, Additionally, by the provisions of the legislation on legal regime and procedure of public administrations in relation to the functioning of the colleges.
Article 3. Functions.
The General Commission of codification has assigned the following functions: 1 preparation of the codified legislation or other policy proposals that expressly entrusted by the Minister of Justice.
2nd review of the legal bodies and laws in force in the various branches of law and exposure to the Minister of Justice of the result of their studies, with special attention to the desirability of promoting legislative delegations conducive to coordinated legislation or initiatives to consolidate, harmonize and simplify regulations.
3rd the elaboration of projects related to the activities of its function, as well as its proposal to the Minister of Justice.
4th the elaboration of opinions or reports on legal matters referred by the Minister of Justice, other ministerial departments or the Government for its consideration.
5th technical correction, clarity of legal language and style of the draft legislation and draft provisions which is entrusted by the Minister of Justice.
Article 4. Headquarters and treatment.
The General Commission of codification is headquartered in the city of Madrid and enjoys the honors that tradition are.
Article 5. External relations.
The General Commission of codification will be in communication with all those institutes and centers of study, information and research of the law that deems relevant to the fulfilment of its purposes.
Chapter II composition article 6. Composition and members.
They integrate the General Commission of codification, its President, Vice President, section Presidents, members and the Secretary-General.
Article 7. President of the Commission.
The Minister of Justice is the Chairman of the General Commission of codification, and in such a condition, deserves: a) to represent the Commission.
(b) instruct the Chairman of the section appropriate the development of policy proposals, opinions or reports.
(c) chair the meetings of the Committee to attend.
(d) convene meetings of the plenary and of the Standing Committee.
(e) vote settle ties which were decommitted in meetings they preside over.
(f) giving possession to the members of the Commission.
(g) assign members to the various sections.
(h) order the publication of proposals, studies and reports prepared by the sections.
Article 8. Vice-President of the Commission.
The Secretary General technical of the Ministry of Justice is the Vice-President of the General Commission of codification, and in such a condition, deserves: to) take orders, instructions and orders of proposals, opinions or reports emanating from the President of the Commission.
(b) coordinating external and institutional relations of the Commission.
(c) replace the President of the Commission in the event of vacancy, absence or illness.
(d) designate the vowel of the section that has temporarily replaced its President in case of vacancy or prolonged absence.
(e) providing, through the general secretariat, media requiring sections, presentations and working groups for their good performance.
(f) exercise other functions delegated by the President and the not assigned expressly to another body.
Article 9. Section Presidents.
1. the Presidents of the General Commission of coding section will be appointed and freely separated by Royal Decree, on a proposal from the Minister of Justice. His appointment will be in consideration to the relevant merits in scientific and professional of the designated.
2 corresponds to section Presidents convene and chair the meetings of their respective sections, as well as noted the agenda of these, set his regime of work and direct discussions and votes, taking care as required by the order of the sessions, granting or removing the word to those gathered, and deciding the case of a tie vote.
In the exercise of these functions, section Presidents are vested with the necessary authority to resolve questions that arise.
Equally, they may request the publication of proposals, studies or reports prepared by their respective sections.
3 when for any reason the President do not attend the meeting, it will be replaced by the Member's seniority in the section, and in equality of circumstances, the older.
Article 10. Vocal.
1. General Codification Commission composed of ex officio members, permanent members, fees attached and vocal vowels.
2. Members will act in the performance of its function, with objectivity and independence, in accordance with the Constitution and the laws.
3 they will be ex officio members, the President of the General Council of the Spanish legal profession, the President of the Council General of procurators of Spain, the President of the General Council of notaries, the directors of the National Association of registrars of property, Mercantile and real furniture from Spain, the President of the General Council of schools of economists, the President of the National Association of court clerks the President of the National Commission of the markets and competition, officials of the Ministry of Justice, the Director of the Centre for legal studies of the Ministry of Justice, the Director of the Spanish Agency of protection of data, the President of the Institute of accountancy and audit of accounts, the head of the legal department international of the Ministry of Foreign Affairs and cooperation the Advisory Legal General of the defence of the Ministry of defence and the General Technical Secretary of each of the remaining ministries.
The ex officio members, as well as participating in plenary, may join sections, papers or working groups for specific issues by decision of the President of the Commission.
4. the permanent members shall be freely appointed by the Minister of justice among jurists of recognized prestige, proving, at least fifteen years of scientific devotion to the law or practice in the legal field. Designation will be ensuring the plurality of professionals of law and geographical origin within Spain.
The permanent members are necessarily assigned to one of the sections of the Commission. The number of permanent members in each section may not exceed thirty.
The permanent members shall cease in office by resignation, permanent disability or absence prolonged sessions of the section to which they are attached.
In the case of termination by renunciation may be appointed Honorary members, and continue attending the section that corresponds and intervene in its deliberations.
The cessation of a permanent member by the prolonged absence its section sessions occur at the reasoned request of the President of the same when, at least, has not attended half of the meetings convened in a year.
The Secretary general of the Commission shall keep an up-to-date list of the permanent members, which will be public via the website of the Ministry of Justice.
5 when in the case of matters for which deemed convenient collaboration of others for their special competence, those may be appointed by the Minister of Justice seconded members of the Committee, joining a section, presentation or working group, in order to collaborate on these during the time that is necessary and which is determined in the appointment. Affiliated members may attend the meetings of the Committee with voice and vote.
Article 11. Rights and powers of the vowels.
The members of the General Commission of codification has the following rights and powers: to) discuss and vote on matters submitted for its consideration, under the direction of the President of the section.
b) submit motions and proposals on amendment of the legal system they consider should be elevated to the Minister of Justice.
(c) propose to the President of the section that are carried out in the Committee studies deemed suitable on the various aspects of the legal system.
(d) be assigned to one of the sections formed and attend the regular sessions of the section to which they belong, as well as participate in the discussions of the other sections, with respect to a given subject, whenever they request it and are duly authorized by the President of the section.
(e) treatment of Excellency and traditional honors, as well as to dispose of the documents certifying the status of permanent member of the Commission.
(f) receive compensation for attending meetings of the section, in accordance with the provisions of the Royal Decree governing compensation by reason of service in the case of the permanent and attached vowels.
Article 12. Secretary general.
1. under the authority of the President and the Vice President of the Commission shall exercise its functions a general Secretary, in charge of coordinating and assisting in the work of the Committee, as well as facilitate the accurate administrative services, that you will play by personnel attached to the Secretariat General technique of the Ministry of Justice.
The Secretary-General will be assisted in the exercise of its functions by the Secretaries referred to in article 13 of these statutes.
2. the post of Secretary general of the General Commission of codification will be played by the Assistant Director-General for policy legislative of the Secretariat General technique of the Ministry of Justice, and takes the status of Member of the Commission annexed. In case of vacancy, absence or illness will be replaced by the oldest section Secretary or, on equal terms, for the elderly.
3 corresponds to the Secretary general of the Commission: to) take care of the proper development of their work by staff who assisted and collaborate on the functions of the Commission.
(b) pursue requests for meetings of the plenary, the Standing Committee and the sections, according to the instructions it receives from the respective Presidents.
(c) write authorize on the records of the meetings of the plenary and of the Standing Committee, and communicate to the Secretaries instructions the minutes of the meetings held by the sections, papers or working groups are worded according to homogeneous criteria.
(d) issue and authorize, for all purposes, the certifications related to the General Commission of codification.
(e) ensure that carried the necessary registry for the good order of the Secretariat and its conservation.
f) formalize, documenting them enough, all sorts of proposals for further processing.
(g) organize and take care of the better performance of the Commission file, paying particular attention to ensure orderly conservation of many backgrounds and data related to each issue that has been studied in the Commission.
(h) take periodic control of mappings that expense to budget credit, correspond to the members of the Committee in respect of attendance at meetings of the same.
Article 13. Secretaries.
1. the sections of the Commission shall have a Secretary. His appointment, agreed by the Vice-Chairman of the Committee, on the proposal of the Secretary-General, will be held by officials in the Ministry of Justice who are graduates or graduates in law.
The Secretaries will attend meetings without voice or vote, unless they have the status of vocal, and have entrusted the drafting of the minutes in accordance with the instructions of the Secretary-General.
2 may be ascribed Secretaries to the papers or groups of work, on a temporary or permanent basis, for whose appointment the procedure described in the previous section will be observed.
3. also you will act as Secretary, when necessary, any of the members of the section, presentation or working group, which shall be responsible for the drafting of the minutes and your referral to the Secretary general of the Commission.
Chapter III operation section 1 article 14 Commission regime. Functioning of the Commission.
1. the General Codification Commission will work in plenary session, Standing Committee and sections.
2 are you can operate in regimen of mixed sections, with the concurrence of the members of more than one section, when so decides it the President of the Commission, who shall designate which has the Presidency of the same.
Article 15. Full.
1. the plenary of the Commission shall consist of all the members listed in article 6.
2. to validly meet the plenary shall attend, in addition to the President, the Vice-President and the Secretary, at least half the members that compose it. In second call, he meets validly regardless of the number of attendees.
3. agreements shall be made by majority vote of those present, with the casting vote, in its case, of the President.
Article 16. Responsibilities of the plenary.
The plenary will be convened on the initiative of the President of the Commission when considered appropriate and, in particular, to deal with those matters and records deemed, after it was under consideration by the Standing Committee or by sections, that must be it because of its importance.
The President can go to plenary for the establishment of the "Plan of work of the Commission", which will be integrated by orders making him either on his own initiative or from the proposals of the Standing Committee and sections and the motions made by the members.
Article 17. Standing Committee.
1 the Chairman of the General Commission of codification, the Vice President, section Presidents and the Secretary-General make up the Standing Committee.
2. Likewise, they join the meetings of the Standing Committee with voice and vote those accredited in each case by the President because of their participation in matters which form part of the agenda of the corresponding meeting vocal of the General Commission of codification.
3. agreements shall be adopted by majority vote of those attending the session, with the casting vote, in his case, the President.
4. the Standing Committee will meet at least once a year for the opening of the course, unless this any place through plenary convened for that purpose, and to approve the «report of activities» of the previous year, which will be made by the Secretary-General.
5 corresponds to the Standing Committee coordinate the tasks of preparing normative texts between various sections, conferences and working groups when required by the subject in question.
Article 18. Responsibilities of the Standing Committee.
The functions of the Standing Committee are: to) advise the President of the Commission in the cases in which this requires its opinion.
(b) report, at the request of the President of the Commission, on the distribution of topics among the sections according to the competence attributed to each one of them. The President of the Commission consider that, by the nature of the project that has been prepared or by the nature of the inquiry or opinion that any issue is, it is suitable that works are carried out jointly by several specific sections, the Permanent Commission shall report upon which they have to intervene and on the vowels that must integrate this joint section.
(c) designate members of the working groups where the matter affects several sections.
(d) to acknowledge and approve the final texts of the reports or proposals drawn up by the papers or working groups, that for reasons of urgency or any other circumstance so you decide by the President of the Commission, on its own initiative or on a proposal from the respective President of section.
(e) in general, treat any issues of competence of the General Committee on coding and are not specifically attributed to the remaining organs of this.
Article 19. Sections.
1. the sections of the General Commission of coding will be five: first, Civil law; the second, in commercial law; the third, of public law; the fourth, of criminal law, and the fifth, of litigation.
2. each section shall be composed of the Chairman and the members assigned to it.
Article 20. Presentations and working groups.
1. the President of the Commission, on the proposal of the President of the section, may constitute, in the bosom of the sections, papers for the study of specific subjects, designating to integrate them into the members section from appearing, as well as the vowels attached to that effect. Presentations will study the entrusted matters and shall submit, in due time, the result of the work to the President of the section.
2. when the President of the Commission considers appropriate the Constitution of working groups shall appoint the members of the sections that have been integrated into the same, as well as the vowels attached to that effect. Working groups will study the entrusted matters and shall submit, in due time, the results of the work directly to the President of the Commission.
Article 21. Special sections.
1. for the revision of normative texts or the preparation of policy proposals the Constitution may agree by the President of the Commission of special sections indicating a deadline to complete the task to whose term or the extension, if any, will be automatically dissolved.
2. members appointed by the President of the Commission shall constitute special sections.
Among them are may appoint one or more rapporteurs by the President of the Commission.
3 approved the proposal, will rise directly to the President of the Commission by the special section.
Section 2 rating of the article 22 sections. Procedure.
1. the President of the Commission will be written the elaboration of a policy proposal or report to the corresponding section, presentation or working group. The notice shall set forth the custom object, the maximum period in which the result should be delivered, the vowels that will integrate the corresponding presentation or group work and, where appropriate, criteria, databases or guidelines as well as the relevant working papers.
2. the delivery time shall be fixed taking into account the special complexity or technical difficulty of the working, as well as, in his case, the urgency imposed by compliance programs or regulatory commitments. The custom must run within the deadline given to the object.
3 release the order made by the President of the Commission, the President of the section will be the development of a draft policy proposal, opinion, or report to the vowel or vowels it deems appropriate, and that act as speakers.
4. once the President of the section receives the draft proposal, opinion, or Report Manager, a copy shall be sent to the members of that vowels so that, at the time that the effect point, presented in writing and reasoned way the amendments deemed necessary. The draft and amendments will be discussed at the subsequent meetings of the section.
5. in the bosom of the sections, papers or working groups may agree the hearing of representatives of social, professional or economic sectors, whose rights or interests may be uniquely affected by proposed legislation or report concerned.
6 the procedure of preparation of the corresponding work has been completed and approved by the Agency in charge, the Secretary-General issued certification of such extremes and will forward the claim, together with the report or proposal subject to the order, the President of the Commission.
Article 23. Convocation and agenda.
1. the sections of the General Commission of codification shall be convened by the corresponding President, through his Secretary and at least forty-eight hours to the date scheduled for the meeting.
2. in the call will be the order of the day, place date and time of the session, as well as copy of the proposal, opinion or report that, where appropriate, submit for its consideration, with indication of the form and deadline for submission and acceptance of amendments. The call, as well as other communications or remission of documents between the Secretary general of the Commission and sections, papers or working groups will be carried out by electronic means.
Article 24. Amendments.
1. the amendments will not be taken into consideration if they have not been submitted within the time limit designated for that purpose by the President of the section, and must be written, signed, and reasoned.
2. the Secretariat of the section, with the agreement of its President, will transfer to the vowels of the amendments tabled in writing and in advance.
Article 25. Sessions and debates.
1 validly constituted the session, the President will proceed to its opening. Debates on reports or regulatory proposals is strictly adhere to the session object text and amendments pursuant to the preceding article.
2. during the course of the debate, the President of the section shall exercise the powers which gives the article 9 and will provide intervention of reply and rejoinder shifts to speakers vocals and tabled, and may limit the number and duration of such.
Article 26. Agreements and particular votes.
1. agreements shall be adopted by majority of votes of attendees, deciding, in the case of a tie, the vote of the President.
2 individual votes by the members may be made when they differ from the majority agreement, whenever they are announced before the session be lifted and they are formulated in writing within forty-eight hours. The announced voting members who have dissented from the opinion of the majority may adhere.
3. Members who not disagree with the majority opinion, to record additional or complementary criteria may be made concurrent votes, fulfilling conditions set forth in the preceding paragraph.
Article 27. Proceedings.
1. of all the meetings that are held will rise record by the Secretary, with the details of attendees, the order of the day, the circumstances of time and place, the main points of the deliberations, as well as the content of agreements reached with expression of the results of the votes and, where appropriate, the formulation of favorable votes contrary, concurrent and abstentions.
The minutes shall be signed by the Registrar with the approval of the President.
2. any Member may request the transcript of his speech, proposal or motivation to vote in full, provided that it contributes in the course of the session or within forty-eight hours of the corresponding text, becoming so recorded in the minutes.
3. the minutes shall be approved in the same or the next session, may, however, issue the Secretary certification on the agreements adopted and order his transfer to the applicant, subject to the further approval of the minutes.
Article 28. Obligation of secrecy.
The members of the Commission are obliged to keep secrecy about the status of proposals, opinions and reports to be taken until the approval of the standard corresponding and, if it were not subject to processing, while the President of the Commission does not warrant otherwise. This obligation also covers the status of the work, and discussions, opinions and votes cast in any of the meetings.
Article 29. Advertising policy proposals and reports sections.
Once approved and elevated by the section for proposed regulations or report to the President of the Commission, the Council may decide its publication on the website of the Ministry of Justice and, in his case, opening a period of public consultation. Failing, the publication of the proposed regulations will occur after the processing and approval of the rule that matches, and if they were not subject to processing, when thus decide it the President of the Commission.
Chapter IV file of the Commission article 30. Custody of the file.
The file of the General Commission of codification shall be under the custody and supervision of the Secretary general, who will care ranked cataloging and proper conservation, pursuant to on this issue by the general legislation in the field of archives.
Article 31. Consultation of the archive.
The file may be consulted by the members of the Commission. When the President of the Commission or the Presidents of the section interested him, the General Secretariat issued copy of documents requesting and which shall serve as background work in preparation.
Article 32. Right of access to the file.
Citizens have right of access to the file of the General Commission of codification in the terms that establishes the legal regime of the public administration and the administrative procedure law.
Access may be conducted in person, by mail or by electronic means.
Article 33. Application for access.
1 application for access to the file shall apply to the Secretary-General of the General Commission of coding and it shall contain at least: a) the full name of the person concerned and, where appropriate, of the person representing him, as well as identification of the preferential environment and place that is designated for the purpose of notifications.
When the person concerned acts represented, shall be provided with the request the document proving the power of representation.
(b) how many ends serve to prove the status of researcher of the applicant and his interest in access to the file.
(c) the list of documents which examination or inquiry is requested.
2. the decision on the application referred to in the preceding paragraph shall be taken by the Secretary general of the General Commission of codification in the period of fifteen days and shall be subject to appeal to the Vice President.
3. the request for access shall be inadmitida or denied where necessary in accordance with the provisions of the law relating to transparency, access to public information and good governance and other rules that may apply.
The refusal of the application for access to the file will be motivated.
Article 34. Obtaining copies.
The right of access will lead the obtain copies of documents whose examination has been authorized, upon payment, in your case, the levies that are legally established. Only obtaining copies may be refused when, given the antiquity or the State of conservation of the original document, handling and reproduction by means fotocomecanicos involves a certain risk of deterioration of the document. In these cases, the interested parties may be authorised to obtain, at his expense, the information contained herein by any means which results in deterioration of the original.
Administrative resolution authorizing the applicant access to the documents in the file of the General Commission of codification, may refuse in a motivated way obtaining copies, go the assumptions expressed in the previous paragraph.
Article 35. Scope of the authorisation.
Authorization shall be valid only for the requested documents and shall be granted for a period of time. Authorized researchers will be required to respect the timetable and internal regulations of the file.
The output of documents from the archive of the General Commission of codification will be allowed in any case.
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