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Resolution Of 21 Of September Of 2015, Of The Delegation Of The Government In The Community Autonomous Of Andalusia, By Which Is Delegated Powers Sanction In Matter Of Safety Citizen.

Original Language Title: Resolución de 21 de septiembre de 2015, de la Delegación del Gobierno en la Comunidad Autónoma de Andalucía, por la que se delegan competencias sancionadoras en materia de seguridad ciudadana.

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TEXT

The Organic Law 4/2015 of 30 March on the protection of citizen security, which, as the fifth final provision of the law entered into force on 1 July 2015, attributes to the governing body of the Government Delegation certain sanctioning powers.

In the field of the Autonomous Community of Andalusia, consisting of eight provinces, the high number of cases that are instructed in this field, together with the necessary compliance with the principles of efficiency, effectiveness and The Court of First Instance held that the Court of First Instance held that the Court of First Instance, which was the Court of Justice of the European Communities, held that the Court of Justice held that the Court of First Instance had to Subdelegates of the Government, as established bodies in each province, integrated in the Delegation the government and its subsidiaries hierarchically, without prejudice to the permanent control and knowledge of the exercise of that competence.

Under Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and Common Administrative Procedure,, and prior to the authorization of the Secretary of State of Public Administrations, under the Ministry of Finance and Public Administrations, have resolved:

First. Delegated powers and bodies in which they are delegated.

Delegate to the Subdelegates of Government in Almería, Cádiz, Córdoba, Granada, Huelva, Jaén, Malaga and Seville, in their respective provincial area, the following competencies referred to in the Organic Law 4/2015, of March 30, protection of citizen security:

(a) The powers to initiate and resolve the sanctions procedures by the commission of minor infractions, as well as to adopt the provisional measures provided for in that Law.

(b) The powers to initiate and resolve criminal proceedings for the commission of serious infringements, to their minimum and average degree, and to take the provisional measures provided for in that Law.

c) In the case of serious infringements which are intended to be punishable to a maximum extent, only the competition to initiate the sanctioning procedure and, where appropriate, to take the provisional measures is delegated. provided for in that Law, while maintaining the Government's responsibility for imposing such sanctions.

(d) The adoption of rules and measures to ensure public safety in entertainment and recreational activities in accordance with the provisions of Article 27 of that Law.

Second. Legal regime.

1. The delegations of agreed powers shall not entail the transfer of the ownership of the competition but only their exercise.

2. Whenever the delegations granted in this resolution are used, this circumstance shall be expressly indicated and the resolutions to be adopted shall be deemed to be dictated by the Government Delegate.

3. The delegation shall be revocable at any time and shall not be delegated the privileges conferred by it.

4. The powers delegated by this resolution may at any time be the subject of an endorsement by the delegating body in accordance with Article 14.1 of Law 30/1992.

Third. Publication and entry into force.

This resolution shall be published in the "Official State Gazette" and shall have effect from the day following its publication.

Fourth. Cancellation.

The Resolution of 28 June 2001 is without effect, whereby the Government Delegate in the Autonomous Community of Andalusia delegates to the Government Subdelegates in the provinces of the Autonomous Community of Andalusia. Certain powers in sanctioning matters relating to citizen security and private security (BOP Sevilla of 23 July 2001).

Seville, September 21, 2015. -Government Delegate in the Autonomous Community of Andalusia, Antonio Sanz Cabello.