Advanced Search

Resolution Of July 15, 2015, Of The Delegation Of The Government In The Autonomous Community Of The Principality Of Asturias, By Which Powers Are Delegated.

Original Language Title: Resolución de 15 de julio de 2015, de la Delegación del Gobierno en la Comunidad Autónoma del Principado de Asturias, por la que se delegan competencias.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Spanish Constitution of 1978, in its article 103 states that the Public Administration acts in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with full submission to the 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.

-Functional Decentralization.

-Functional and territorial disconcentration.

-Economy, sufficiency and tight media adequacy for institutional purposes.

-Simplicity, clarity and proximity to citizens.

-Coordination.

-Effectiveness in meeting the objectives set.

-Efficiency in the allocation and utilization of public resources.

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.

By virtue of these principles and in accordance with the procedure laid down pursuant to Article 13 of Law 30/1992 of 26 November 1992 and of the additional provision 13. of Law 6/1997 of 14 April, it is considered appropriate to following the authorisation of the Secretary of State for Public Administrations, which is dependent on the Ministry of Finance and Public Administrations.

Therefore, I have:

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

Delegate to the Secretary/General of the Government Delegation in Asturias:

1. The competition to agree to the opening of the sanctioning procedures for serious and minor infractions in matters of citizen security established in the art. 32.1.c) of the Organic Law 4/2015, of March 30, of Protection of Citizen Security.

2. Competition to agree to the opening of sanctioning procedures for serious and minor offences relating to the holding and use of explosives and for other activities where sanctioning competition is not attributed to the Director General of the Civil Guard, by virtue of what is established in art. 300.1.e) and 2.c) of Royal Decree 230/1998 of 16 February approving the Explosives Regulation.

3. The competition to agree to the opening of the sanctioning procedures pursuant to Law 5/2014, of 4 April, of Private Security and of Articles 157. (a) and 158.1 of Royal Decree 2364/1994 of 9 December 1994 approving the regulation on private security.

4. The competition to agree to the opening of the sanctioning procedures in application of Law 19/2007, of July 11, against Violence, Racism, Xenophobia and Intolerance in Sport.

Second. Legal regime.

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

2. Whenever the delegation granted in this resolution is used, this circumstance shall be expressly indicated and the resolutions to be adopted shall be deemed to be dictated by the delegating body.

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 of Law No 30/1992 of 26 November 1992 on the legal system of Public Administrations and the Common Administrative Procedure.

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. Modification.

As from its entry into force, paragraphs 1.1; 1.2; 1.3; 1.4; 1.8 of the First Resolution of the Government Delegate in the Autonomous Community of the Principality of Asturias, of 29 June 2001, shall be without effect; published in the Official Gazette of the Principality of Asturias on 5 July 2001.

Oviedo, July 15, 2015. -Government Delegate in the Autonomous Community of the Principality of Asturias, Gabino de Lorenzo Ferrera.