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Real Decree 518 / 2015, Of 19 Of June, By Which Is Approve The Statutes General Of Them Schools Official Of Engineering In Computer And Of Its Council General.

Original Language Title: Real Decreto 518/2015, de 19 de junio, por el que se aprueban los Estatutos Generales de los Colegios Oficiales de Ingeniería en Informática y de su Consejo General.

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TEXT

Law 20/2009, of 4 December, of the creation of the General Council of Official Colleges of Engineering in Informatics, provided for in the first transitional provision the constitution of a Management Committee to be drawn up within the deadline For six months, provisional statutes of the governing bodies of the governing bodies of the General Council of Professional Colleges of Engineering in Informatics, which have been verified by the Ministry of Industry, Tourism and Commerce published in the "Official Gazette of the State" and in the second transitional provision which in the One year from its constitution, the Council would draw up its final Statutes.

In accordance with the provisions of the aforementioned law, by Order ITC/2180/2010 of July 29, the publication of the provisional Statutes of the General Council of Official Colleges of Engineering in Informatics was ordered. That publication was produced in the "Official State Gazette" number 192 of 9 August 2010.

The adoption of these General Statutes, according to the proposal received from the General Council, is due to the need to accommodate the structure of the collegial organization of the engineering in computing to the changes derived from the Law 74/1978, of December 26, which adapted the regime of the Colleges to the Constitution and of Law 7/1997, of April 14, of liberalizing measures in the field of soil and of Professional Colleges.

In addition, the Statutes must conform to the provisions of Law 17/2009 of 23 November on free access to the activities of services and their exercise and to Law 25/2009 of 22 December, amending various laws for its adaptation to the Law on the Free Access to Services and its Exercise, which has largely changed, Law 2/1974 of 13 February on Professional Colleges.

The approval of these General Statutes of the Official Colleges of Engineering in Informatics and its General Council corresponds to the Government, in accordance with the provisions of Article 6.2 of Law 2/1974, of February 13, on Professional Colleges, as amended by Law 25/2009 of 23 November on the free access to service activities and their exercise.

This royal decree is dictated under the jurisdiction that Article 149.1.18. of the Constitution attributes to the State exclusive competence to lay the foundations of the legal regime of public administrations.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting of June 19, 2015,

DISPONGO:

Single item. Approval of the Statutes.

The General Statutes of the Official Colleges of Engineering in Informatics and its General Council are approved, as follows from this royal decree.

Additional disposition first. Adaptation of the special statutes of the Autonomous Colleges and Councils.

The Autonomous Schools and Councils existing at the time of entry into force of these Statutes will, from that date, have a maximum period of twelve months to adjust their special statutes and their presentation to the Competent public administration.

Additional provision second. Election of the members of the Governing Board.

Within 15 days of the entry into force of these Statutes, the outgoing Governing Board of the General Council shall convene the General Assembly, which shall be convened in the month following its convocation, in whose first item on the agenda shall be the election and inauguration of the members of the incoming Governing Board.

Single repeal provision. Repeal of the provisional Statutes.

The provisional Statutes of the General Council of Official Colleges of Engineering in Informatics, the publication of which was ordered by Order ITC/2180/2010 of July 29, will be repealed.

Final disposition first. Competence title.

The present royal decree is dictated by the provisions of Article 149.1.18. of the Constitution which gives the State exclusive competence to lay down the basis of the legal system of public administrations.

Final disposition second. Autonomic competencies.

The regulation contained in the General Statutes shall be without prejudice to the regulation which, under its powers in this field, shall approve the autonomous communities for the Colleges and Councils which are constituted in their respective territorial areas.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 19, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

GENERAL STATUTES OF THE OFFICIAL COMPUTER ENGINEERING COLLEGES AND THEIR GENERAL COUNCIL

TITLE I

From the College of Engineering in Computer Science

Article 1. Collegial organization. Definition. Personality and legal nature of the entities that compose it.

1. The collegial organization that is regulated in the present General Statutes is composed of all the Official Colleges of Engineering in Informatics, the autonomic Councils that can be constituted and by the General Council of the Colleges.

All of them are public law corporations constituted under the law, with democratic internal structure and functioning that bring together people who hold the engineering degrees in computer science, or those who, whatever their name, they replace them or they are created with equivalent scope and level and meet the requirements of these General Statutes and the rules applicable to them. We will call a collegial corporation to any of these corporate members of the collegial organization.

2. The Schools, the Autonomous Councils and the General Council have their own legal personality and their ability to act fully for the fulfillment of their aims. In their organization and operation they are subject to the principle of transparency in their management, enjoying full autonomy, within the framework of the present General Statutes and in that of their own particular statutes.

Article 2. Of the Colleges, the Autonomous Councils and the General Council. Territorial scope.

1. The autonomic Councils which, if any, are constituted under the provisions of the corresponding autonomic legislation, shall have the purposes and functions to determine their particular statutes, subject to the provisions of the respective regional legislation, in the basic state legislation and in the present General Statutes. The only Council with a territorial scope higher than the autonomous Council shall be the General Council.

2. The territorial scope of each College or, where appropriate, the Autonomous Council shall be determined in their respective statutes, within the limits laid down in the autonomous legislation. The different Colleges will be unique in their respective territorial areas.

3. The General Council is the representative body and senior coordinator of the collegial organization.

4. The internal structure and operation of the General Council shall be developed in accordance with the provisions of these General Statutes.

5. In all the member collective bodies, the approval processes of the final special statutes will have to provide mechanisms for participation and proposal of amendments for all members of the Assembly. General, prior to the same and with appropriate deadlines and procedures for this purpose.

Article 3. Legal regime.

1. The Autonomous Schools and Councils are subject to the Constitution and, where appropriate, to the Statutes of Autonomy that correspond to their territorial scope. They will also be governed by Law 2/1974 of 13 February on Professional Colleges, by basic or direct or general application of State legislation affecting these Colleges, by legislation on professional schools which, in the course of state legislation, approve the autonomous communities, in the field of their competences and territories, by these General Statutes and by the special statutes of each College.

2. The General Council is also subject to the Constitution, to the aforementioned Law on Professional Colleges, to basic or direct application or general state legislation and to these General Statutes.

Article 4. Corporate acts and resolutions.

1. The acts and resolutions of the Colleges, the Autonomous Councils and the General Council shall be executive when they are subject to administrative law, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure and, where appropriate, in the autonomic legislation.

2. The acts and decisions of the Colleges may be brought to the fore within one month before the respective Autonomous Council or, as long as it has not been established, before the General Council, provided that no other provision is made available in the autonomic in the field of Professional Colleges.

3. The acts and resolutions of the General Council put an end to the administrative route, in accordance with the provisions of Article 109 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and the Administrative Procedure. Common and shall be directly applicable to the Jurisdiction-Administrative Jurisdiction, although, with prior character, may be brought against the acts and resolutions of the General Council for the use of replacement before the same General Council, within the period of one month. They will also put an end to the administrative route of the acts and resolutions of the Autonomous Councils, if nothing else is available in the autonomous legislation.

4. Without prejudice to the foregoing, any natural or legal person may refer to the General Council for any complaint or complaint in connection with any matter relating to the collegial organization or the profession of IT engineering. Prior to the lodging of a complaint or complaint to the General Council concerning a performance of a particular College, the latter must be presented to the College or the Autonomous Council, if provided for in the legislation. autonomic.

5. Acts and resolutions relating to their employment or civil relations shall be subject to the relevant legal regime.

Article 5. One-stop shop.

1. The collective corporations will have, either at the territorial level or in an aggregated way, a single electronic access point through which the professionals can, in a non-face-to-face manner, and free of charge, carry out all the procedures necessary for the collegial, its exercise and its discharge in the respective College, to present all the necessary documentation and requests, to know the state of processing of the procedures in which they have the consideration of interested, to receive the a corresponding notification of the acts of procedure required and the resolution of the files; including the notification of the disciplinary cases where it is not possible by other means, to be called to the general assemblies and to put in their knowledge the public and private activity of the collegial corporation.

2. The above mentioned one-stop-shop will contain the information referred to in the basic legislation on professional schools for the best defence of the rights of the citizens to whom the activity of the professionals groups the collegial organisation, in particular access to the register of schoolgirls, which will be permanently updated and at least the following information: name and surname of the professional staff, number of members, administration public of destination and administrative situation, the data of the associations or organizations of consumers and users to whom the addressees of the professional services may be able to contact for assistance, the contents of the codes of ethics, as well as the means of reclamation and the resources that may be brought in case of conflict between a citizen and a collegial or the collegial corporation.

3. In order to ensure the principles of interoperability between the Colleges and Councils and accessibility of persons with disabilities, both of which are included in Law 25/2009 of 22 December, amending various laws for their adaptation to the Law on the free access to and exercise of services, the collegial corporation will create and maintain the technological platforms that guarantee the interoperability between the different systems and the accessibility of the people with disability.

Article 6. Service to collegiates and to consumers or users.

1. The collective corporations shall, in the field of their jurisdiction, attend to complaints or complaints filed by the collegians.

2. They shall also have a service to consumers or users, which will necessarily be dealt with and, where appropriate, resolve any complaints and complaints relating to the collegial or professional activity of the members of the school. any consumer or user who contracts professional services, as well as by associations and organisations of consumers and users in their representation or in the defence of their interests.

3. Through this service to consumers or users, the complaint or complaint will be resolved as appropriate: either by reporting on the out-of-court system of conflict resolution, or by referring the case to the (a) competent authorities to instruct the appropriate information or disciplinary files, either by filing or taking any other decision of their jurisdiction, in accordance with the law.

4. The filing of complaints and complaints may be made personally or electronically, through the single electronic access point of the collegial corporation.

Article 7. Communications.

1. For the communications of the member entities and towards the entities belonging to the collegial organization, the procedures provided for in Law 30/1992, of 26 November, shall be valid in any case.

2. In addition, the members of the collegial organization may use communication procedures other than the previous ones in the following cases:

(a) Within its governing bodies, for communications between its members, distribution lists, collaborative websites, social networks, or other tools may be used, when this is established in the regulations. or the agreement of that body. These tools will provide the necessary confidentiality of the deliberations of the governing bodies and a record of the deliberations carried out.

(b) In the relations of the colleges with their collegiates when such procedure has been formally established in their particular statutes or in an agreement of their General Assembly.

c) In the relations of the General Council with the collective corporations, without prejudice to paragraph 1, and in order to achieve maximum agility and cost efficiency, the usual means of communication shall be the e-mail to the address that the collegial corporation has established in its basic institutional data or, where appropriate, to the additional address that the collegial corporation will establish. Where the Council requires an acknowledgement of receipt of a communication, the Secretary of the collegial corporation shall be responsible for ensuring that he is reached within a period of not more than 48 hours on a business day following his dispatch. In the absence of an acknowledgement of receipt, the Council shall repeat a second communication with the same formula including additional institutional addresses which the collegial corporation has established, having been received by the corporation. collegial, even if no acknowledgement is received within the prescribed period, provided that no message of failure has been received in the sending of the message from the General Council.

Similarly, the usual communications of the collegial corporations with the Council will be performed in a similar way by e-mail and acknowledgement of receipt to the address of the Secretariat of the Council, except in against specific provisions laid down by the Council, the present General Statutes or the legislation in force.

For the purposes set out in this Statute, negligence shall be deemed to exist where the collective corporations do not acknowledge receipt in a repeated and abnormal manner and within one year of the communications, both in the common communications as defined in Article 7, as well as by any other means when requested by the issuer.

3. Where a collegial corporation makes use of consignments to individual emails (i.e. not to distribution lists) in addition to the recipient or recipients as such, any additional account of the corporation shall be incorporated as an additional recipient. collegial, so that its receipt in that account serves as an accreditation of the shipment made.

4. Without prejudice to all the above, the calls for assemblies and electoral processes will necessarily include the sending of an effective means (postal mail, e-mail, or other equivalent means) and the publication of the corresponding notice. on the front page of the entity's web page without access restrictions.

5. Collective corporations shall endeavour to bring the nature of the procedure into line with the importance of the object of the communication, using procedures which are closer or equivalent to those of paragraph 1 the more they affect rights and individual obligations.

Article 8. Annual memory.

1. Collective corporations will be subject to the principle of transparency in their management. To this end, each of these shall draw up an annual report containing at least the following information:

(a) Annual report on economic management, including staff expenditure sufficiently broken down, specifying the remuneration of the members of the Governing Board on the basis of their position.

(b) Amount of applicable fees, broken down by concept and type of services provided, as well as the rules for their calculation and application.

(c) aggregated and statistical information relating to information and sanctioning procedures at the time of instruction or which have reached a firm level, indicating the infringement to which they relate and the sanction imposed, in any case, with the legislation on the protection of personal data.

(d) aggregated and statistical information relating to complaints and complaints submitted by consumers or their representative organisations, as well as their processing and, where appropriate, the reasons for the estimation or dismissal of the complaint or complaint, in any case, with the legislation on the protection of personal data.

e) Changes to the content of their deontological codes, if they are available to them.

(f) The rules on incompatibilities and conflict of interest situations in which the members of the Government Boards are located.

g) Statistical information about the visa. Where appropriate, the data shall be presented territorially disaggregated by corporations.

2. The annual memory must be made public, through the website of the collegial corporation, in the first semester of each year.

3. The General Council shall make public, together with the memory, the statistical information referred to in paragraph 1 of this article in aggregate for the whole of the collegial organization.

4. In order to comply with the previous paragraph, the Autonomous Councils and the Colleges shall provide the General Council with the information necessary to draw up the annual report.

TITLE II

From Colleges

CHAPTER I

Purposes and Functions of Colleges

Article 9. Essential purposes of the Colleges.

They are essential purposes of the Colleges in their respective territorial areas:

(a) The ordination, in the field of their competence, of the exercise of the profession of engineering in computer science, in accordance with the basic criteria established by the General Council, in order to ensure ethics and professional dignity and respect due to society.

b) The representation of the profession and the defense of the professional interests of the collegiate.

c) The protection of the interests of consumers and users of the services of such professionals.

d) Promote the progress of the information and knowledge society, and their contribution to the general interest.

(e) to ensure compliance with the constitutional provisions on the use of information technology to ensure the personal and family honour and privacy of citizens, within the territorial scope and within the scope of their powers; the full exercise of their rights, including the right to the image itself.

f) The defense and promotion of computer engineering as a profession, through how many activities can contribute to its development and advancement.

g) Any other purposes attributed to them by law or by these Statutes, and which contribute to the development of engineering in computer science and society as a whole.

Article 10. Functions of the Colleges.

It is up to the Colleges, in their territorial scope, to exercise the following functions:

(a) Exercise as many functions as entrusted to or delegated by public administrations and advise the agencies of the State Administration, the Administrations of the Autonomous Communities, as well as the Cities of Ceuta and Melilla, of the Entities that make up the Local Administration, persons or public or private entities and their own collegiates, issuing reports, compiling statistics, resolving consultations or acting in technical and technical arbitrations economic at the request of the parties.

b) Participate in the Councils or consultative bodies of the Public Administration in the field of their competence and be represented in the University's Social Councils and Patronates.

c) Exercise disciplinary power in the professional and collegial order over the collegiate.

d) Facilitate the Courts and Courts, in accordance with the laws, the relationship of collegians who may be required to intervene as experts in judicial matters, or appoint them directly, as appropriate.

e) To hold, in its sphere of competence, the representation and defense of the rights and interests of the profession in all manner of institutions, Courts and Courts, Public Administrations, Social Entities and Individuals, with legitimisation to be a party to any disputes affecting the general or collective professional interests of the profession.

f) Adopt measures conducive to avoiding professional intrusive.

g) To collect and channel the aspirations of the profession, raising to the bodies of the public administration a number of suggestions for the improvement and the rules governing the provision of own services.

h) Visar projects and other professional work of the schoolgirls only when requested by the express request of the clients.

(i) to be responsible for the collection of professional perceptions, remuneration or fees accrued in the free exercise of the profession, where the colegate expressly requests it, in cases where the College has organized the appropriate services and under the conditions laid down in the statutes of each College.

(j) Report and rule on administrative or judicial procedures in which matters relating to the professional fees of the schoolgirls are discussed and to set guidelines for the sole purposes of assessment. of costs.

(k) to intervene, in the form of conciliation or arbitration, in matters which are, for professional reasons, raised among or between the members and their clients and, by award, at the request of the parties concerned, the discrepancies that may arise.

l) Take the collegiate records.

m) Create and maintain a one-stop shop, in the terms provided for in the law.

n) Develop and publish an annual memory, in the terms provided for in the law and in these Statutes.

n) Create and maintain a service to the collegiate and consumers and users.

o) Participate in the elaboration of the study plans and inform the norms of organization of the teaching centers corresponding to the respective professions, whenever requested by such centers, keeping permanent contact them and prepare the necessary information to facilitate access to the professional life of the new professionals.

p) Fulfill and enforce the general and special laws and the individual statutes of each College and regulations of internal rules, as well as the rules and decisions adopted by the collective bodies, in the matter of their competence.

q) To seek harmony and collaboration among the collegiates, ensuring that they develop their professional activity in a free competition regime, subject to the limits established by Law 15/2007 of July 3, Defense of Competition, Law 3/1991, of January 10, of Unfair Competition and Law 34/1988, of November 11, General of Advertising.

r) To organise common activities and services of interest to the collegial, professional, formative, cultural, welfare and foresight, and other analogues, contributing to economic support through the means required.

s) To tender requests for information on their collegiates and on the firm sanctions imposed on them, as well as requests for inspection or investigation, to be submitted to them by any competent authority of a Member State of the European Union or of the institutions of the European Union, as provided for in Law 17/2009 of 23 November on the free access to and pursuit of the activities of services, in particular with regard to applications for information and carrying out checks, inspections and investigations are duly motivated and that the information obtained is used only for the purpose for which it was requested.

t) Exercise the functions of competent authority in the terms reflected in the legislation in force and specifically in Law 17/2009 of 23 November on free access to services activities and their exercise.

u) To promote and develop mediation, as well as to perform arbitration, national and international functions, in accordance with the provisions of the legislation in force.

v) Any other function that is in the interest of the interests of the collegiate or of the computer engineering.

CHAPTER II

Organization of the Colleges and electoral process

Article 11. Basic organization.

It is the competence of each College to establish and regulate its internal organization, in accordance with the following basic organization chart:

a) General Assembly.

b) Governing Board or Governing Council.

c) Presidency or Decanate.

Article 12. General Assembly.

1. The General Assembly is the supreme body of expression of the will of the College and is governed by the principles of equal and democratic participation of all collegians. Participation in the Assembly shall be personal, and may also be performed by representation or delegation, provided that the individual statutes of the Colleges provide for it.

2. The General Assembly assumes the following powers as its own:

(a) Develop and approve in the draft stage the special statutes, without prejudice to the necessary definitive approval of such statutes by the General Council.

b) Approve the College's rules of procedure, which must be endorsed by the General Council.

c) Approve the settlement of expired budgets, balances, and annual accounts for the year.

d) Approve the annual government plan, as well as the current year's budgets, and credit ratings.

e) Approve each year the memory corresponding to the expired exercise, which will contain at least the information required for the same basic legislation on professional colleges, in addition to the liquidation of the budgets, balance sheets and annual accounts.

(f) Authorize the acts of disposal of the own real estate and the actual rights constituted on them, as well as of the other own property assets that are listed as being of considerable value.

g) Control the management of the Governing Board, collecting reports and adopting, where appropriate, appropriate motions.

h) Other than the General Assemblies of the Professional Colleges are legally assigned.

3. The special statutes of each College shall regulate the convocation, celebration and periodicity of the assemblies, which shall at least be annual. In any event, the call shall include the communication to the schoolgirls by an effective means (postal mail, e-mail, or other equivalent means) and the simultaneous publication of the call on the front page of the public part of the page The College's website, with the marking of the day, place of celebration, time and the corresponding order of the day.

Article 13. Governing Board.

1. The Governing Board is the administrative and management body of the College which exercises the powers of the College not reserved for the General Assembly in accordance with the previous Article, nor specifically assigned by the special statutes to other bodies collegial.

2. The special statutes of each College shall regulate the composition, form of election and duration of the positions of the Governing Board, which shall in any case count on the President, a Secretary and a Treasurer.

3. Without prejudice to the functions to be determined in the individual statutes, the Registrar shall have the task of coordinating the administrative coordination of the various bodies and departments of the College, and shall be responsible for the documentary evidence of the (a) agreements of the Assembly and the Governing Board, the issuance of certificates, documentary custody, the preparation of the annual report, the referral to the General Council of the basic institutional data of the College and the diligence of the College compliance with these General Statutes and the special statutes in the operation of the College.

4. Without prejudice to the functions to be determined in the special statutes, the Treasurer has the function of the economic management of the College, presents the budgets of income, expenses and economic memories, as well as establishes the means for the recovery of the fees and its management, it carries out the control of the banking operations to be carried out by the College, as well as the opening, disposition and cancellation of bank accounts, which will always be of joint disposition of the Treasury and one or more Members of the Governing Board.

5. The appointment of the representatives of the College in the General Council shall be carried out by internal agreement.

Article 14. Presidency or Decanate.

The legal representation of the College rests with the President or Decanato, who also presides over the General Assembly and the Governing Board, ensuring the proper implementation of their agreements and adopting in the cases of urgency of the measures.

Article 15. Electoral process.

1. The elections for the appointment of the Boards of Government of the Colleges shall be in accordance with the principle of free and equal participation of the collegial, without prejudice to the fact that the special statutes of each College may establish up to twice the assessment of the exercise of the exercise, in respect of the non-exercisers.

2. All collegiate members with the right to vote shall be eligible, in accordance with their special statutes. Candidates may be eligible for membership, which, having the status of electors, are not entitled to a prohibition or legal or statutory incapacity and fulfil the conditions required by the respective electoral rules. No conditions may be imposed to qualify for applications which exclude more than a quarter of the members of the school. This limit shall not apply to the requirement of professional practice as a requirement to elect the President or Decanate of the College, as well as to any other charge, except those who are reserved by the special statutes to the non- exercises.

In the case of conditions of seniority in school, no more than two years may be required, and in the case of professional practice no more than four years may be required.

3. The special statutes shall lay down the term of office, which shall not exceed four years.

4. The vote shall be exercised in person, by post, or by electronic means, in accordance with what is established to ensure its authenticity.

5. Within 5 days of the establishment, the Secretary of the Government Board shall communicate its composition together with the basic institutional data to the General Council, in its case the respective Autonomous Council and the competent body of the Autonomous Community. Basic institutional data is defined as the official name (s) of the College, NIF, postal address, single electronic access point, institutional email, e-mail of the members of the Governing Board, telephone and fax in your case. Likewise, any subsequent changes in the composition of the Governing Board and such basic institutional data shall be communicated to the same addressees within the same period of time.

CHAPTER III

Of The Colleges

Article 16. Tuition, revenue and transfers.

1. Schools shall integrate persons who are in possession of an official university degree linked to the exercise of the engineering profession in computer science or who are in possession of a university degree duly approved or declared equivalent to the previous one by the competent Ministry.

2. The membership shall be voluntary, unless otherwise provided for by law. To this end, the Colleges will have the necessary means to enable applicants to process their collegiation via telematics in the terms of the basic legislation on professional schools.

3. The Schools may not require the members of the school, to exercise in a territory other than that of their collegiation, communication or qualification, nor the payment of financial compensation other than those which they normally require from their collegians. for the provision of the services of which they are beneficiaries and which are not covered by the collegial quota.

If the respective individual statutes provide for an entry fee, their amount may not exceed that of the processing costs of the same.

4. In the case of a professional exercise in territory other than that of the school, and for the purpose of exercising the powers of ordination and disciplinary authority corresponding to the College of the territory in which the professional activity is carried out, the benefit of consumers and users, the Colleges must use communication mechanisms and systems of administrative cooperation between competent authorities provided for in Law 17/2009 of 23 November on the free access to service activities and their exercise. The penalties imposed, where appropriate, by the College of the territory in which the professional activity is carried out shall have full effects throughout Spain.

5. In the case of temporary or occasional posting of a professional from another Member State of the European Union, the provisions of the Royal Decree 1837/2008 of 8 November on the recognition of professional qualifications in respect of professional qualifications will be available. Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 and Council Directive 2006 /100/EC of 20 November 2006 on the recognition of qualifications are incorporated into the Spanish legal order professionals, as well as certain aspects of the exercise of the profession of lawyer.

Article 17. Tuition classes.

1. The following types of collegiate are set:

(a) Ordinary colleges: shall be those persons who meet the requirements laid down in Article 16.1. Ordinary schoolgirls may be exercised or not exercised.

(b) Collegiates of honor: those natural or legal persons to whom the Colleges grant this distinction on their merits, professional or academic, concerning the professional activities of computer engineering, or in relation to computer science and technology in general or, in addition, to the collegial organisation in general or to a particular College. Also those who have highlighted for their special work in the interest of citizenship in science and computer technology. All in accordance with the provisions of the respective statutes.

2. The Schools may regulate in their own statutes the figure of the member of the pre-collegiate member to incorporate those students who are pursuing some of the qualifications they enable for the profession of computer engineering. In any case, the figure of the pre-collegiate is not strictly among the members of the College nor does it participate in the collegial or the professional exercise, although it can be conceived as a form of collaboration with the Corporation with a the particular legal status of the pre-collegiate body to be defined by the collegial corporation which chooses its existence, by means of the rules of statutory development which are approved by the General Assembly for that purpose.

Article 18. Rights of the collegiate.

1. They are the rights of the collegiate:

a) Concurrir, with voice and vote, to the Assemblies.

b) Addressing the governing bodies by asking for petitions and complaints, and collecting information on collegial activity.

c) Choose and be elected to managerial positions under the conditions that you point out in the particular statutes.

d) Require the intervention of the College, or its report, where appropriate.

e) To be covered by the College as soon as it affects his/her status as a computer engineering professional.

f) Enjoy the concessions, benefits, rights, and advantages that are granted to the collegians in general, for themselves, or for their families.

g) Make, through the one-stop system, the necessary paperwork and obtain accurate information for access to your professional activity and your exercise, including collegiation and discharge electronically.

2. Members of honour may have the same rights as ordinary schoolgirls, with the exception of those referred to in paragraphs (a), (c) and (e)

Article 19. Obligations of the schoolgirls.

1. They are general duties of the schoolgirls:

(a) Subject to statutory and statutory regulations, to the rules and uses of professional ethics and to the collegial disciplinary regime.

b) Observe a conduct worthy of his professional status and the professional position he exercises, performing it with honesty, zeal and competence.

c) Establish, maintain, and strengthen the union and fellowship relationships that must exist among all computer engineering professionals.

2. They are special obligations of the schoolgirls:

a) Contribute to the economic sustainability of the College.

b) To declare in due form their professional status and the other acts that are required in their condition as a collegiate, relating to their collective rights and obligations.

c) To comply with the agreements that the corporate bodies adopt in the sphere of their competence.

d) Communicate to the respective College how many circumstances of professional order are required for compliance with the collegiate functions.

CHAPTER IV

From the collegial visa

Article 20. The visa.

1. The visa for professional work is voluntary.

2. However, the Colleges must attend to the visa applications of their collegiates, organizing the appropriate services for this purpose. Applications may be processed electronically.

3. The visa shall verify the identity and professional qualification of the author of the work, using the records of the schoolgirls, as well as the correction and formal integrity of the documentation of the professional work in accordance with the rules that it is governed or applicable.

In addition, the visa will clearly express its object, detailing the extremes under control and report on the subsidiary responsibility of the College for the damages resulting from a professional work visa by the College, provided that such damage has its origin in defects which would have had to be brought to the attention of the College in the course of professional work and which are directly related to the elements which have been endorsed in that work concrete.

The visa will not include the technical control of the optional elements of the professional work. It shall also not include professional fees or other contractual terms, the determination of which is left to the parties ' free agreement.

4. The cost of the visa shall be reasonable, not abusive or discriminatory. The Schools will make public the prices of the visas of the works.

CHAPTER V

Colleges ' economic resources and budgets

Article 21. Economic resources.

Schools will have the following economic resources:

a) The amount of the fees that the collegiates satisfy.

b) The income, products and interests of your estate.

c) Donations, legacies, inheritances and grants from which the College may be a beneficiary.

d) The contributions, if any, of public entities.

(e) The rights to be charged to the College for the services provided to the collegial or third parties, such as the visa of the work carried out by the schoolgirls, certificates on documents or other services other than the previous ones. The amounts to be charged for such services shall be fixed by the General Assembly of each College.

f) The benefits derived from opinions, assessments, courses, seminars, sales of publications or print and other activities.

g) The benefits of your contracts and concerts with public or private entities.

h) Those who, by any other concept, proceed according to the applicable regulations.

Article 22. Quotas.

The quotas that, for the support of the College, are obliged to satisfy the collegians will be of two classes: ordinary and extraordinary.

Article 23. Ordinary shares.

Ordinary shares must be approved by the General Assembly and shall take into account that:

(a) The General Council may, by agreement of its General Assembly, establish a minimum annual collegial quota for all Colleges which shall in no case exceed 1% of the annual interprofessional minimum wage.

(b) For non-exercising and honor collegians, the corresponding special statutes shall be determined for their determination.

c) Special statutes may lay down special conditions in the quotas, rights and duties of members of the collective exercised in relation to extraordinary or temporary situations, in particular in relation to the situation of unemployment.

Article 24. Extraordinary quotas.

Extraordinary fees must be agreed upon by the General Assembly, with the limitations that may be established by the particular statutes.

Article 25. Payments and collection of fees.

1. The individual statutes of each College shall determine the form of payment and collection of the fees.

2. The collegial who does not pay the fees within the relevant time limits shall receive from the college in writing complaint warning him of the default.

3. If it persists in its default and accumulates more than two consecutive periods, it shall be required to make them effective, giving the effect of the 15-day period, after which it shall be charged 20% per year, if it has not satisfied its obligation.

4. If the collegial persists in failing to pay in the form and time provided for in the preceding paragraph, irrespective of the surcharge and the claim of the amounts due, he shall be suspended in the enjoyment of all his collective rights as long as he does not the payment of their obligations. The suspension shall be automatically lifted at the time it complies with its collective debts.

5. Once six months have been passed since the collegiate order, the default may result in the lower of the collegiate. The discharge of the colegate for non-compliance with the duty to pay the fees may only be carried out where such non-compliance is repeated, the low-level collegial decision is firm and such a discharge does not entail disqualification for the professional exercise.

6. Suspension in the enjoyment of collective rights is not a disciplinary sanction.

Article 26. Budgets.

The economic regime of the Colleges is budgetary. The budget shall be unique and shall comprise all the College's revenue and expenditure, and shall relate to the calendar year.

Article 27. Contributions from the Autonomous Colleges and Councils.

The Schools and, where appropriate, the Autonomous Councils, shall satisfy the economic contributions approved by the General Assembly of the Council.

TITLE III

From The General Council of Colleges

CHAPTER I

General Provisions

Article 28. The General Council.

1. The General Council of Official Colleges of Engineering in Informatics is a corporation governed by public law, without profit, endowed with its own legal personality and full capacity to act for the fulfillment of its purposes, protected in the Article 36 of the Spanish Constitution, which is governed by Law 20/2009, of 4 December, of the creation of the General Council of Official Colleges of Engineering in Informatics, by Law 2/1974, of 13 February, on Professional Colleges and by the present Statutes.

2. The General Council will be composed of all the Colleges of Engineering in Informatics and Autonomous Councils existing in Spain.

3. The acronym for the General Council will be CII.

Article 29. Finnish.

Are essential purposes of the General Council:

a) The management, in the field of their competence, of the exercise of the profession of engineering in computer science.

b) Promote the progress of the information and knowledge society in Spain, and its contribution to the general interest.

c) to ensure, in the field of their competence, to comply with the constitutional provisions on the use of information technology to ensure the personal and family honour and privacy of citizens and the full exercise of their powers; rights, including the right to the image itself.

d) Coordinate and represent the Colleges and the Autonomous Councils, where appropriate, in terms of the functions that are of their own and are regulated in their statutes, at the national and international levels.

e) The institutional representation of computer engineering.

f) The defense of the professional interests of the collegiate members belonging to the member corporations, as well as the protection of the interests of the consumers and users of the services of these professionals.

g) The defense and promotion of computer engineering as a profession, through how many activities can contribute to its development and advancement.

h) Any other purposes that the law or these Statutes attribute to you, and which contribute to the development of engineering in computer science and society as a whole.

Article 30. Functions.

1. They are the functions of the General Council of Official Colleges of Engineering in Informatics, when they have a national scope or impact, which are then cited, as long as they do not conflict with the competences of the different Colleges and Autonomic tips:

(a) How many functions are in the interests of protecting the interests of consumers and users of the services of members of the member collective corporations.

b) Exercise as many functions as are entrusted to it by the public administration and collaborate with it by carrying out studies, issuing reports, compiling statistics and other activities related to its purposes they may be requested or agreed to make on their own initiative.

c) Ostend representation that establishes laws for the fulfillment of their purposes.

d) Participate in the advisory bodies or advisory bodies of the public administration in the field of computer science engineering, in the legally established terms.

e) Being represented in University Patronates, when legally applicable.

f) Participate in the elaboration of the curricula and inform the norms of organization of the teaching centers corresponding to the engineering in computer science, whenever the centers request it, and keep permanent contact them and prepare the necessary information to facilitate access to the professional life of the new professionals.

g) To provide, in its field, the representation and defense of the profession before the public administration, institutions, courts, entities and individuals, with legitimization to be a party in all disputes affecting the professional interests and exercise the right of petition, in accordance with the law.

(h) To order in the field of their competence the professional activity of the members of the corporate members, ensuring ethics and professional dignity and respect due to the rights of individuals and to exercise the disciplinary faculty in the professional and collegial order.

i) Organize common activities and services of interest to the collegiate members of the corporate, professional, formative, cultural, welfare and foresight and other analogues, contributing to the support by means of the necessary means.

j) To promote harmony and collaboration among the members of the member corporations, and between them and other professionals, as well as in general, to promote gender equality.

k) Adopt measures conducive to avoiding professional intrusive, in the legally established terms.

l) To intervene, in the form of conciliation or arbitration, in matters that, for professional reasons, are raised among the members of the corporate members.

(m) To resolve, at the request of the interested parties, the discrepancies that may arise as regards the fulfilment of the obligations arising out of the work carried out by the members of the corporate exercise of the profession.

n) Report on judicial or administrative proceedings in which professional fees are discussed.

n) Organize, where appropriate, courses for the vocational training of post-graduates.

(o) Fulfilling and enforcing the collegial of the member corporations the general and special laws and the professional statutes and regulations of the internal regime, as well as the norms and decisions adopted by the organs as regards their competence.

p) Understanding requests for information on the members of the corporate members and on the firm sanctions imposed on them, as well as requests for inspection or investigation to be issued by any authority competent of a Member State of the European Union, or of the institutions of the European Union, in accordance with the terms laid down in Law 17/2009 of 23 November on the free access to and pursuit of the activities of services, in particular refers to requests for information and to carry out checks, inspections and investigations are duly substantiated and the information obtained is used only for the purpose for which it was requested.

q) How many other functions are legally or legally attributed to you and that are in the interest of the professional interests of the members of the corporate members.

2. They are specific functions of the General Council at national level:

(a) Participation in drawing up, within the European Union, codes of conduct intended to facilitate the free exercise of the profession or the establishment of a professional of another Member State, while respecting in any case the rules of defence of competition.

b) Establish the instruments of cooperation with the respective Colleges to make the communication mechanisms and systems of administrative cooperation effective.

c) The coordination and joint representation of the Councils and Colleges of Engineering in Informatics in Spain.

d) Develop the general statutes of the Colleges, as well as their own.

e) Approve the particular statutes of the Colleges and their modifications.

f) Visar the regulations of the internal regime of the Colleges.

g) Address the conflicts that may arise between the different Colleges.

(h) Adopt the necessary measures for the Colleges to comply with the resolutions of the General Council of its own jurisdiction.

i) To exercise disciplinary functions with respect to the members of the General Council itself and, unless otherwise provided in the regulations, to the members of the Boards of Government of the Colleges.

j) Approve their budgets and regulate and equitably fix the contributions of the Colleges.

k) Inform preceptively any draft amendment of the legislation on professional schools.

l) To assume the representation of Spanish professionals to similar entities in other nations.

m) To organize institutions and services of assistance and foresight with national character and to collaborate with the public administration for the application to the collegiate professionals of the corporate members of the most appropriate social security.

n) Try to achieve the highest level of employment of the collegiate members of the member corporations, collaborating with the Administration to the extent necessary.

n) Adopt the measures that you deem appropriate to provisionally complete with the oldest collegiates the Boards of Government of the Colleges, when the vacancies of more than half of the posts of those are produced. The Interim Board, thus constituted, shall exercise its functions until the appointed by virtue of election, which shall be held in accordance with the statutory provisions.

or) Ensure that the conditions required by the laws and statutes for the filing and proclamation of candidates for the positions of the Boards of Government of the Colleges are met.

p) Ensuring the application of a unique code of ethics for the entire profession.

q) How many other functions serve the fulfillment of their purposes in accordance with the legislation.

Article 31. Venues.

1. The General Assembly may designate the location of the General Council's institutional headquarters, as well as the electronic headquarters.

2. The Executive Headquarters of the General Council shall be the headquarters of the College of the President of the Governing Board.

3. Independently of the institutional and executive offices of the General Council, the communications referred to the General Council shall be valid through the entry records of any of the Colleges or Autonomous Councils of Engineering in Computer science of Spain.

For these purposes, the secretariats of each corporation shall process with due diligence the written and communications referred to the General Council through them.

4. The General Assembly and the Governing Board may hold meetings in places other than any of its venues.

Article 32. Governing bodies.

1. The Governing Bodies of the General Council are the General Assembly and the Governing Board.

2. The governing bodies have full independence for the exercise of the functions emanating from the current regulations and the present Statutes, ensuring, in any case, the joint and coordinated action for the fulfillment of the final objectives. of the Council.

CHAPTER II

From the General Assembly

Article 33. Competencies.

The General Assembly is the highest governing body of the General Council, and as such assumes the following powers:

a) Choose from Government Board charges.

b) Caesar to the Governing Board or any of his or her posts by adopting the vote of no confidence.

(c) To elaborate the general statutes provided for in Article 6.2 of Law 2/1974 of 13 February on Professional Colleges, as established by the second transitional provision of Law 20/2009 of 4 December creation of the General Council of Official Colleges of Engineering in Informatics.

d) Approve the settlement of expired budgets, balances, and annual accounts for the year.

e) Approve the annual government plan, as well as the current year's budgets, and credit ratings.

f) Approve each year the memory corresponding to the expired exercise, which shall contain at least the information required by Article 8 of these Statutes.

g) Authorize the acts of disposition of the own real estate and actual rights constituted on these, as well as of the remaining own property assets that are listed as being of considerable value.

h) Control the management of the Governing Board, collecting reports and adopting, where appropriate, appropriate motions.

Article 34. Composition.

The General Assembly of the General Council consists of the following members:

(a) Those who hold the Presidency or Decanate of each College or those who are statutory to replace them.

b) A maximum of two additional collegiate representatives from each College, appointed by the corresponding governing body from among the professionals to hold the status of delegates to the General Assembly.

(c) Members of the Board of Government of the Council, with a voice and, where appropriate, vote to the extent that they are delegates to the General Assembly.

Article 35. Meetings.

1. The General Assembly shall meet, on an ordinary basis, once a year, within the first quarter of the year.

2. The General Assembly shall meet with extraordinary character upon request, without distinction:

a) The Governing Board.

(b) At least one third of the Colleges which comprise the General Council with a representativeness of coefficients of at least one fifth of the total number of ratios of the Colleges to the payment of the fees.

The Extraordinary General Assembly shall be held within one month from the request, with the strict agenda to be proposed by the applicants.

3. On the basis of the Presidency's mandate, the Secretariat shall call in writing, with the appropriate agenda at least 20 days in advance, except in cases of justified urgency where it may be convened with a minimum of 5 days ' notice. anticipation.

In the case of the ordinary assembly, the agenda will include, at least, a report by the president of the General Council, annual memory, approval of accounts and budgets, annual plan of government, proposals to be carried out from Schools and pleas and questions.

Each call will include an express section that will report, on each corporation, its assigned coefficient of votes and outstanding economic contributions that may result in the loss of voting rights.

4. The notice shall be inserted in the Council's notice board, as well as, where appropriate, on the General Council's website, with the marking of the day, place of celebration, time and the corresponding order of the day.

5. The following topics can only be submitted for approval in an extraordinary General Assembly:

(a) Amend the statutes of the General Council and general statutes.

b) Authorize the Governing Board for the disposal of immovable property that is part of the corporation's assets.

c) Censoring the performance of the Governing Board.

d) Agree to the merger, absorption, segregation and dissolution of the General Council.

e) Approve the rules of procedure of the General Council.

f) Approve the code of ethics.

6. The General Assembly shall be validly constituted when, duly convened, the absolute majority of its members with the right to vote and, on the second convocation, 30 minutes later, whatever the number of the members, is duly convened. wizards.

Assistance may be telepresential provided that the Governing Board provides and arranges and, the available IT resources allow to continue and intervene in the Assembly in a normal way and whenever its development mechanism is governed by the rules of procedure of the internal system.

7. In any case, the following charges will be required for the General Assembly to be validly constituted:

(a) First call, the Presidency and the Secretariat first.

(b) On the second call, the Presidency or one of the Vice-Presidencies and at least one of the Secretaries.

c) If this is an extraordinary call at the request of the members of the General Assembly, it will be sufficient for the presence of two of its convening members on the second call, who would assume the Presidency and the Secretariat of the session in the absence of the positions of the Governing Board.

8. Whoever holds the Presidency of the Governing Board, or who replaces him in the General Assembly, will be responsible for chairing the meeting, as well as for maintaining order, granting the use of the word, and moderating the development of the debates.

Article 36. Representation.

1. Each College shall be responsible for:

(a) A coefficient of vote, determined as the proportion of the number of collegiate professionals in that College in relation to the total census of collegiate professionals throughout the national territory, both accredited to the date of call of each General Assembly, expressed as a percentage with a maximum of two decimal places.

b) Three individual votes, corresponding to the maximum number of members who can attend the General Assembly on behalf of a corporation.

2. Each representative shall hold the corresponding fraction of each college's coefficient, as well as an individual vote.

If there are fewer than three representatives of each College, who holds the Decanate or the Presidency of that corporation or who may have a statutory replacement, it shall accumulate the fractions of the individual coefficients and votes attributed.

3. The members appointed by the Autonomous Councils shall have a voice in the Assemblies, but shall not vote individually and by coefficient, except that any of the Colleges that compose it shall delegate their representation in full and expressly.

In such a case, the criterion of distribution to its representatives will be the same as that established in the previous section for the Colleges, taking for the allocation the sum of individual votes and coefficients of those Colleges that have delegated their representation.

4. The secretariats of each College shall forward to the Secretariat of the General Council, at least 2 days in advance of the General Assembly, a certificate containing the names of the representatives of the College for the General Assembly, who shall duly certify their identity with the General Council Secretariat prior to the holding of the meeting.

This certificate will not be required when there are no variations on the members attending a given corporation.

5. The Schools must be aware of the payment of the quotas described in Article 51 of these General Statutes to assert their rights of representation to the General Council Assembly, as specified in the Article 38.5 of these Statutes.

6. The Autonomous Councils, if any, will be represented to the extent that the Colleges that make up them are represented.

7. In order to ensure the participation of the schools in the decisions of the general assembly, where the causes of overcome prevent a Dean or President of the College from attending the General Assembly, the General Assembly may delegate its representation to any Member of the Governing Board of the Council, of which the Secretariat of the Council must necessarily be established.

Article 37. Census of collegiates.

1. In order to calculate the coefficients for representation of the previous Article, each College shall forward to the General Council Secretariat, at least 2 days in advance in general, and 30 days in advance in the event of elections, with respect to the holding of the General Assembly, a certificate stating the number of registered collegiates on the date of the convocation, which shall be taken as the basis for such a calculation in respect of the national total. This certificate shall not be required where there is no variation in the number of registered collegiates with respect to the last certificate issued.

2. The Territorial Schools shall provide the General Council with information on the collegial required for the fulfilment of its legal obligations. At least the following information shall be provided for the members of the school: name and surname of the professional staff, number of members of the school, official titles of those in possession, professional address, e-mail, professional qualification, and date of tuition. The referral of this updated information shall be made at least once a year and, in any case, in a complementary manner to the certificate of census of collegiates for the calculation of the coefficients of representation.

Article 38. Adoption of agreements.

1. For the adoption of agreements, the simple majority of valid individual votes cast (present or represented), which in turn assumes the simple majority of the sum of coefficients except in the cases provided for in the paragraphs, shall be necessary. next.

2. A favourable vote of at least two thirds of the valid individual votes cast shall be required, the sum of which shall in turn represent at least two thirds of the total sum of the coefficients corresponding to the votes cast. valid individual issued for the following agreements:

a) Approval of the General Council's proposed general statutes.

b) Motion of censure of the Governing Board or any of its members.

3. In the event of a tie, you will vote for the Presidency's quality.

4. The votes shall be public.

5. Those schools which have not satisfied the financial contributions to which they are obliged shall lose their right to vote in the General Assembly. Only valid individual votes (present or represented) shall be considered as possible for representatives of Colleges who are aware of their economic contributions.

CHAPTER III

From the Governing Board

Article 39. Composition.

1. The Governing Board shall be composed of the following positions:

a) The Presidency.

(b) Two Vice-Presidencies, first and second, respectively.

(c) Two Secretaries, called the Secretariat and Deputy Secretary, respectively.

d) The Treasury.

e) A minimum of one and a maximum of six vocaliases.

2. No College may have more than three members on the Governing Board.

Article 40. Election call and process of choice of charges.

1. The call for elections shall be held by the Governing Board at least 45 days in advance of the date of the holding and shall make public at the same time the percentages of provisional participation corresponding to the last certificates. censals that it has the Council's member corporations, which will be available on the Council's website and/or the Council's secretariat.

The Governing Board shall proceed at least 25 days before the date fixed for holding the elections, to make public the final percentages of participation corresponding to the census certificates received in the the Council's website and its submission to the secretariats of the Council of Colleges. Schools wishing to make a complaint against the percentages of participation must formalise it within 5 days of being exposed. These claims must be resolved by the Governing Board within 3 days of the expiration of the deadline to make them, and the resolution must be notified to each claimant within 10 days. In the case of no complaint, the percentages presented shall be accepted.

The Governing Board will proceed 3 days before the date fixed for holding the elections, to make public the percentages of final participation on the Council's website and to send them to the secretariats of the Colleges that form the Council.

The Board of Government will also set the place, date and time for the vote, specifying time for opening and closing the place where the vote will take place.

2. The President of the General Council shall be elected by all Presidents and Decans of Spain or, failing that, by those who have been legally appointed to replace them with President-in-Office. Members may be eligible for legal, statutory or disciplinary incapacity or incapacity for the benefit of the President.

The candidate for President may briefly present the circumstances of his candidacy and his program before proceeding to the vote. The maximum presentation time will be 10 minutes for each of the candidates.

3. In order to qualify for the first vice president, second vice president, secretary, deputy secretary, and treasurer will need to be integrated into a joint bid. Candidates for the position of vowel shall be presented individually, although they may indicate their adherence to one of the joint applications submitted.

Such charges may be eligible for such fees as are not incurred in legal, statutory or disciplinary prohibition or incapacity.

Applications shall include, at least three alternates, an order in that list for the purposes of substitution in the positions of the Governing Board provided for in Article 41 (4).

4. Joint nominations shall be submitted by at least one of the members of those candidates, who shall include the full membership of the candidates, within 15 working days from the date of the call. During the same period, the members who have not signed the candidates will have to communicate the accessions to the candidates. Applications and accessions may be submitted to the Secretariat of the Council and to the secretariats of the Members of the Council.

The secretariats of the Colleges shall, in turn, send such applications and the accessions to the Council Secretariat in electronic format to the following working day of the 15-day deadline.

The Secretary of the Council shall acknowledge receipt of the nominations, if any, with the accessions received, becoming public within 5 days of their receipt. The original accessions shall be made physically, at most, in the assembly in which the elections are held.

5. The Secretariat of the Council shall make it easier for candidates to present their programme of government to the Colleges from the day following the publication of the nominations and up to 24 hours before the vote. The specific mechanisms for the presentation of government programmes shall be specified for general knowledge at the time of the nomination.

6. The members of the Assembly shall vote for the nominations, resulting in the election of a higher number of votes and a proportion of coefficients.

In the previous votes, in the event of a tie or of not fulfilling the joint majorities of votes and coefficients, a second round vote will take place in which the coefficients assigned to the Colleges will first be taken.

In the case of a single application, it must be ratified by a vote on the day it has been set for it, in such a way as to obtain the simple majority of the Assembly, as described in the Article 38 (1) of this Statute.

7. Those joint bids that have not been chosen may choose to integrate their candidates into the list of vowels. The assembly will vote the vowels one by one up to the maximum established in these statutes as well as three additional alternates from among those who integrate the joint and individual candidacies, resulting in those who receive greater number of votes and ratio of coefficients.

8. If no candidacy is submitted within the stipulated time limit, the electoral route of open lists among the members of the Assembly will be chosen, and all the components of the Assembly will be known.

Article 41. Validity of the charges.

1. The term of office of the members of the Governing Board shall be four years.

2. Members of the Governing Board may hold a maximum of two consecutive terms of office.

3. Members of the Governing Board shall cease when any of the following circumstances arise:

a) Dimission.

b) By motion of censure approved in accordance with these Statutes.

c) Because of a penalty for a serious or very serious disciplinary offence, relapse by a firm administrative, judicial or corporate resolution. In this case, you will also lose your status as a member of the General Assembly.

d) By termination of the mandate as provided for in paragraph 1 of this article.

e) By causing low as a collegiate member.

f) By moving from your College of Origin to another that already has 3 members in the Governing Board.

g) For the loss of the membership of the General Assembly.

h) In the case of vowels when they assume the supply of those positions that will be vacant as provided for in Article 50.

4. In the preceding cases (a), (c), (e), (f), (g) and (h) when they affect members, the Governing Board may replace the elected alternate with the order laid down in the application and shall give the Assembly the right to vote. next ordinary meeting.

5. The functions of the dismissed charges will be assumed by those who will replace them in the statutory period until their appointment.

6. If the vacancy of more than half of the members of the Governing Board or of the President and Vice-Chair is produced first, at the same time, the remaining members of the Board shall convene elections as a matter of urgency within one month, following the procedure described in Article 40.

Article 42. Functions.

These are the competencies of the Governing Board:

(a) The direction and administration of the General Council and its assets.

b) The implementation of the General Assembly agreements.

c) The drafting of drafts of draft regulations, codes and other state-wide collective standards.

d) The preparation of the issues to be dealt with by the General Assembly.

e) The elaboration and issuance of reports on the legislative proposals of the General Administration of the State, in the cases legally foreseen.

(f) The resolution of the appeals filed with the General Council, as soon as they are competent for the General Council.

g) The promotion of image measures of the profession.

h) The information to the Autonomous Colleges and Councils, as well as to the members of the General Assembly, their actions and how many issues affect them.

i) Issue awards.

j) All necessary functions and activities inherent in the operation and activity of the General Council that are not of exclusive competence of the General Assembly.

k) Promote the creation of Colleges in the autonomous communities and the cities of Ceuta and Melilla.

l) Approve work plans and agree to the creation of how many commissions, working groups or committees are accurate.

Article 43. Motion of censure.

1. The General Assembly may propose the motion of censure of the Governing Board.

2. The motion of censure shall be proposed at least by the third party of the members of the last General Assembly and shall be clearly expressed in the grounds on which it is founded.

3. When the motion is tabled, the Presidency shall convene the General Assembly on an extraordinary basis within a maximum of one month and at least 15 days in advance. If it did not do so, the oldest member of the signatories of the motion of censure shall be empowered to convene it.

4. The approval of such a motion of censure shall require a favourable vote of at least two-thirds of the valid individual votes cast, the sum of which shall in turn represent at least two thirds of the total sum of the votes cast. coefficients corresponding to the valid individual votes cast.

5. The approval of the motion of censure shall take with it the conclusion, within the maximum period of one month, of a new election of the Governing Board, continuing in the meantime it is in office until the inauguration of the new elected office.

6. Those who have filed a motion of censure shall not be able to make any other motion against the same Governing Board within one year.

7. The Governing Board may submit to the General Assembly a motion of confidence for the ratification of its management and/or program of government, the formulation, processing and effects of which shall be in accordance with the provisions of the motion of censure.

Article 44. Call and meetings.

1. The Governing Board shall meet at least on a quarterly basis or at the request of the Presidency or three of its members by means of communication to the Presidency.

2. The calls shall be made by the Secretariat, by mandate of the Presidency, at least 10 days in advance, with the expression of the place, day and hour, as well as the agenda.

In cases of justified urgency the call may be made, with a minimum of 3 days in advance, by any means that permits a minimum level of constancy and security. In case of non-presence, the procedure to be followed shall be indicated for the performance of the call.

3. The Governing Board shall be validly constituted provided that, duly convened, the two-thirds of its members attend the first convocation, provided that they include the Presidency or any of the Vice-Presidencies and the Secretary and, on second call 30 minutes later, whatever the number of assistants, provided that they include the Presidency or some of the Vice-Presidencies and the Secretariat or Vice-Secretary.

4. Meetings of the Governing Board may be carried out at a distance, with the agreement of its members, using the necessary technological means to ensure:

a) The technological capability of all members to participate in the meeting.

b) The documentary record of the agreements.

(c) Members of the Governing Board must maintain at all times the confidentiality of the contents expressed in the course of the meeting of the Board, with the exception of those who, by their nature, content and compliance with the statutes should be made public. The agreements shall be communicated to the Member States of the Council.

Article 45. Adoption of agreements.

1. Each member of the Governing Board holds a single vote, with no delegation left.

2. The agreements shall be taken by a simple majority of those present.

3. The Presidency's vote of quality will address potential draws.

CHAPTER IV

From one-person charges

Article 46. Presidency.

They are the functions of the President of the Governing Board:

a) Call and chair the meetings of the General Assembly and the Governing Board.

b) Coordinate the tasks of the Governing Board to facilitate and contribute to the performance of its tasks.

c) Represent the General Council in all its fields of action and, in such a capacity, assume the corporate representation in the exercise of the rights and duties incumbent upon the Council vis-à-vis third parties, public or private.

(d) To assume as many powers as are derived from these Statutes, the laws in force, those that are accurate to carry out the normal operation of the General Council or those entrusted to it by the General Assembly.

(e) The President shall designate from the Vice-Presidents to replace him, in the event that he is unable to preside or at any time to exercise any act or convocation corresponding to him in accordance with the statutes in force.

f) Issue awards.

Article 47. Vice Presidencies.

1. Whoever holds the First Vice-Presidency shall replace the Presidency in the event of a vacancy, absence or illness and in all the tasks entrusted to it by the Presidency, where it is necessary to inform the Presidency of the development of its tasks.

2. It may also have any other functions entrusted to it by the Governing Board and not attributable to the other charges.

3. The second Vice-Presidency shall assume the functions of the First Vice-Presidency in case of absence or vacancy of the Vice-Presidency.

Article 48. Secretary and Deputy Secretary.

1. These are the functions of the Secretary of the Government Board:

(a) The documentary evidence of the General Assembly and Government Board agreements, certifying them with the approval of the Presidency, and raising the record of all meetings.

b) The custody and updating of the main contact details of the members of the General Assembly, as well as of the Government Boards, both of the General Council and of the other corporations, which will be available to all members of the General Assembly.

c) Receive and account the Presidency of all requests and communications referred to the Council.

d) Take over the administrative coordination of the various organs and services of the General Council, as well as the leadership of the General Council's staff.

e) To assume all powers are derived from the present General Statutes and current legislation, as well as those entrusted to you by the General Assembly or the Presidency.

2. The Deputy Secretary shall assume the duties of the Secretariat in case of absence or vacancy.

Article 49. Treasury.

These are the functions of the Government Board's Treasury:

(a) The economic management of the General Council and, consequently, its funds and its administration. This function cannot be delegated in any case.

b) Present the budgets of income, expenses and economic memories, as well as establish the means for the collection of the quotas and their management.

c) Take control of the banking operations to be performed by the General Council.

d) Open, dispose and cancel bank accounts, which will always be available to the Treasury and one or more members of the Governing Board, by agreement of the latter.

e) To assume all powers are derived from these Statutes, from the legislation in force, as well as those entrusted to it by the General Assembly or the Presidency.

Article 50. Vocalias.

1. Vocalias shall have the task of coordinating the work of the working committees, working groups or committees which are to be established by agreement of the General Assembly.

2. They may also have the functions entrusted to it by the Governing Board, as well as the supply of those positions which will become vacant, and it is necessary to inform the same of the development of their duties.

3. They shall also contribute as many proposals as contributing to the smooth functioning of the General Council.

CHAPTER V

From the funding of the General Council

Article 51. Of the quotas.

1. For economic support and the achievement of the purposes of the General Council, the General Assembly may fix the quotas it deems necessary.

2. The quotas may be ordinary or extraordinary.

3. The General Council, provided that the economic viability of the corporation is guaranteed, may establish general criteria for exemption, in whole or in part, as well as for the payment of the fees by the corporations.

Article 52. Of the collection of the quotas.

1. The obligation of the corporations to pay to the General Council will be born when one of the following assumptions is present:

a) In the case of ordinary shares, with the beginning of the calendar year.

(b) In the case of extraordinary quotas, the day after the date of the General Assembly at which its establishment was agreed.

c) In the case of newly created Colleges or Autonomous Councils, at the moment they acquire their own legal personality.

2. The maximum period for the full payment of the quotas by the corporations shall be computed, unless otherwise agreed in the General Assembly, as follows:

(a) For ordinary shares, on the last working day of the third month of the year, or on the day before the ordinary General Assembly, whichever is earlier.

(b) For extraordinary quotas, six months after approval, or for which the General Assembly determines in the agreement where it was established.

3. Schools which do not carry out the corresponding fertilisers shall be subject to the voting disablement described in Article 38.5 of these Statutes.

Article 53. Of the ordinary shares.

1. Each College shall pay the ordinary shares of the General Council in proportion to its membership.

2. The amount of the quotas shall be single annual, irrespective of the time of entry of each professional into a given College.

3. Once a College pays the ordinary share of the General Council within the time limit laid down in Article 52.  2 shall be deemed to be such a satisfied quota for the financial year concerned, irrespective of subsequent variations in the number of members.

Article 54. Of the extraordinary quotas.

1. The extraordinary fees shall correspond to each corporation in proportion to its number of members.

2. The calculation of the proportion shall be carried out in the same way as the voting coefficients, taking as the reference date for the calculation the date of convocation of the General Assembly in which the establishment of the quota was approved.

Article 55. Other resources.

The General Council may count for its financing, in addition to the quotas referred to in the previous article, with the following economic resources:

(a) The rights or fees for the issuance of certifications, opinions, reports, or other assessments that are required, and are contemplated by law.

b) The returns on your estate.

c) Income from publications or other paid services that you have established.

d) The grants or donations you receive.

e) How many other additional contributions provide for existing legislation.

CHAPTER VI

Of General Council employees

Article 56. Competence for its designation and operating system.

1. The Governing Board, meeting the needs of the service, shall determine and designate the number of employees of the General Council, as well as the distribution of work, salaries and rewards.

2. The Secretary shall propose to the Governing Board the powers and functions to be performed by the various employees of the Board.

3. In the budget of the General Council, the appropriations relating to the staff of the General Council shall be recorded. The Board may appoint, from unforeseen circumstances, any personnel deemed necessary by the Board.

TITLE IV

Disciplinary regime

Article 57. Applicable rules.

1. The disciplinary arrangements of the members of the collective corporations shall be governed by the provisions of these Statutes, in the code of ethics and, as not provided for in the Statute, by the provisions of Title IX, Chapters I and II of Law 30/1992, of 26 November, and in the Rules of Procedure for the Exercise of the Sanctioning Authority, approved by Royal Decree 1398/1993 of 4 August.

2. The disciplinary regime established in these General Statutes is without prejudice to the responsibilities of any order in which the members of the profession are involved in the development of the profession.

Article 58. Competence.

1. It is up to the General Council to have disciplinary powers to prosecute and punish offences committed by the members of its collegiate bodies, as well as the members of the collegiate bodies of the Autonomous Councils and of the Boards of Government of the Colleges, in accordance with the provisions of Article 9 of Law 2/1974, of 13 February, on Professional Colleges. This is without prejudice to what other provisions might have. This function shall be exercised by the Governing Board of the General Council or, as appropriate, by the rules of procedure of the General Council.

2. The Schools will exercise disciplinary authority to correct actions and omissions by their collegians. This function shall be exercised by the Board of Government of the College or, where appropriate, by the special statutes and/or the Rules of Procedure of the College.

3. Before any sanction is imposed, the corresponding Deontological Commission of the collegial corporation, whose report will not be binding, will be heard if it exists.

4. The collegial corporation shall keep a record of penalties and shall be obliged to keep the file until the disciplinary liability is extinguished. Firm disciplinary sanctions shall be recorded in the personal file of the offender. Such annotations shall be cancelled, either on their own initiative or at the request of a party, after the deadline for cancellation has elapsed, from the day of compliance or prescription of the penalty.

Article 59. Minor fouls.

1. Minor faults shall be considered:

(a) Failure by a collegiate of statutory rules or agreements adopted by the collegial corporation, unless they constitute a lack of superior entity.

(b) The lack of respect for the members of the collegiate bodies of the collegial organisation in the performance of their duties, where it does not constitute a serious or very serious misconduct.

2. Special infractions, i.e. those in which it is required, as a specific qualification to be an author, are considered to be the ostentation of a corporate charge, typified as minor faults:

(a) The dejation of duties or the lack of diligence, without intentionality, in the performance of their duties as a member of the governing bodies of the entity.

(b) Failure by a member of a governing body of a territorial college of statutory rules or agreements adopted by the General Council or, as the case may be, the Autonomous Council, unless they constitute lack of higher entity.

(c) Repeated failures of assistance due to an unjustified cause by a member of the Governing Board of the entity to the meetings of the Governing Board within one year, or the unjustified non-acceptance of the performance of the corporate charges that are entrusted to you within two months.

Article 60. Serious fouls.

1. Serious faults shall be considered:

(a) The reiteration of minor faults within twelve months of the commission of the previous infringement has been or has not been sanctioned.

b) Negligence repeated in the fulfilment of the obligations assumed in the organs of the collegial corporation.

c) Indicate a qualification or title that is not held, of the required to be a member of a collegiate body of the collegial corporation.

d) The concealment of data or elements of judgment of general interest to the profession which is or which by its nature should be held by those responsible.

e) To neglect the duty of the collegiates to inform consumers and users about the development of their professional activity.

2. Special infractions, i.e. those in which it is required, as a specific qualification in order to be an author, shall be considered to be the ostentation of a corporate charge, typified as serious faults:

(a) Deliberately rebellious indiscipline with regard to the organs of the General Council, or in the case of the corresponding autonomic Council, in the exercise of their functions and unless they constitute a lack of superior entity.

(b) The secret or negligent infringement of the secrecy of the deliberations held in the bodies of the collegial entity, when expressly agreed upon.

c) Negligence repeated in compliance with the legislation on professional colleges, Autonomous Councils and General Council, as well as the present Statutes.

(d) Acts or omissions which are in accordance with the respect, dignity and deontological code of the profession, carried out during the time of a position within the General Council.

e) To disregard the requirement of the General Council on the information of collegial in its respective territorial scope, if applicable.

f) Non-compliance with the agreements validly adopted by the General Council's collegiate bodies.

Article 61. Very serious fouls.

1. Very serious faults will be considered:

(a) The reiteration of serious misconduct within twelve months of the commission of the previous infringement has been or has not been sanctioned.

b) Serious faults that meet either of the following conditions:

1. Affect the democratic functioning of the entities or the rights of the collegiate.

2. Cate the due control of the General Assembly of the entity.

3. They affect the operation of the General Council or the representativeness of a College in that Council by action or omission.

(c) The attack against the dignity of persons on the occasion of professional practice.

d) The cover-up or any kind of protection provided to professional intrusive during the performance of duties within the General Council, in the legally established terms and when determined by judgment firm.

e) The coercion, threat, retaliation, or any other form of severe pressure exerted on the organs and persons.

f) negligent professional actions that cause serious harm to the recipients of the professional service.

g) Failure to comply with the regulation of professional practice which causes serious harm to the recipients of the professional service, in particular the obligations of information to the addressee.

h) abusive practices that seriously harm consumers or users of services.

2. This is a special infringement, that is, the one in which it is required, as a specific qualification to be an author, the ostentation of a corporate charge, typified as a very serious fault:

(a) The infringement of the secrecy of the deliberations of the General Council bodies, when expressly agreed upon.

(b) Any conduct constituting a criminal offence during the performance of a charge within the collegial organisation, provided that he has been convicted of a firm sentence.

c) To disregard the requirement made by the General Council on the census of collegial of the respective College, if applicable.

Article 62. Penalties.

1. Minor faults will be sanctioned with private and/or public admonition.

2. The serious misconduct of the members of the body of the entity will be sanctioned with the suspension of the position assumed in the entity and disablement to occupy any position of responsibility in the collegiate corporation for longer than one month and inferior six months. Serious misconduct by collegians will be sanctioned with the suspension of the collegial and disqualification to occupy any position of responsibility in the collegial corporation for longer than one month and less than six months.

3. The very serious faults of the members of the organs of the entity will be sanctioned with the suspension of the position assumed in the entity and disablement to occupy any position of responsibility in the collegiate corporation for longer than six months less than two years. The very serious mistakes of the collegiate will be sanctioned with the suspension of the collegial and disqualification to occupy any position of responsibility in the collegiate corporation for time of more than six months and less than two years.

4. The reiteration during the four-year period in the commission of very serious faults will be sanctioned with the expulsion of the entity and the disqualification to occupy any post of responsibility in the collegial corporation for a period of up to five years. This resolution shall be approved by at least two-thirds of the members of the body making the resolution.

5. In the preceding case, the expelled member shall be replaced, within the governing body of the institution, by the same procedure laid down in the case of the resignation of the office.

6. Each of the disciplinary penalties provided for in the preceding paragraphs shall entail the obligation to correct or correct the defects and irregularities observed; to rectify the situations or conduct imparted; definitive, the agreement which, at the same time, is adopted by the competent body following facts deducted and verified during the processing of the file.

7. Commission of the faults provided for in this Title shall be transferred to the Governing Board of the Autonomous College or Council to which the infringer represents in the Council, which shall transmit a report within 10 working days of issuing the appear from the relevant corporation.

8. Failure to issue the report within the prescribed period shall not preclude the continuation of the sanctioning procedure.

9. For the imposition of sanctions, the following circumstances shall be taken into account:

a) The severity of damages caused.

b) The degree of intentionality, recklessness or negligence.

(c) The evidence or contempt of the competent body during the processing of the file.

d) The duration of the sanctionable event.

e) The reiteration or continued realization of the sanctionable fact.

f) Reincidents.

10. Decisions imposing penalties for serious or very serious misconduct, once they are on the firm administrative basis, may be made known to the authorities concerned, to third parties and to the general public, using the means of Communication as they are deemed appropriate.

11. Sanctions for the suspension of the exercise of office within the General Council, Autonomous Councils or a member of the General Council shall be communicated to the competent administrative authorities.

Article 63. Extinction of disciplinary responsibility.

Disciplinary responsibility will be extinguished:

a) By death of the defendant.

b) By compliance with the sanction.

c) By prescription of violations or penalties.

d) By agreement of the General Council.

Article 64. Limitation of infringements and penalties.

1. Violations prescribe:

a) Mild, at six months.

b) The severe ones, per year.

c) The very serious, at two years.

2. Penalties prescribe:

a) Mild, at six months.

b) The severe ones, per year.

c) The very serious, at two years.

3. The time limits for the limitation of infringements shall start from the commission of the infringement. The limitation period shall be interrupted by any express and manifest action aimed at investigating the alleged infringement and with knowledge of the person concerned.

The limitation periods for the sanctions are beginning to be counted from the day following the one in which the resolution for which the sanction is imposed has become firm. The execution of any act of the General Council express and manifest of execution of the sanction shall interrupt the limitation period of the same.

4. The cancellation means the cancellation of the precedent sanctioning all the effects. The entries in the personal file of the infringer of the penalties for the commission of minor, serious and very serious faults shall be cancelled, ex officio or at the request of a party, after the expiry of the period of one year, in the case of the penalties for faults Two years, in the case of the serious ones; and four years in the case of the very serious ones, to count from the day of the fulfillment or prescription of the sanction.

5. In the case of expulsion, the General Council may, at least three years after the finality of the sanction, agree on the rehabilitation of the expelled, for which the appropriate file shall be opened at the request of the latter. The General Council, heard, where appropriate, the Autonomous Council or the member corporation of the General Council, shall decide on the rehabilitation, in the light of the circumstances of the applicant.

Article 65. Procedure.

1. No disciplinary sanction may be imposed without prior evidence to the effect, in accordance with the procedure laid down in this Title.

The Rules of Procedure for the Exercise of Sanctioning Authority, approved by Royal Decree 1398/1993 of 4 August, will be applicable in this title.

2. The disciplinary file shall be initiated by agreement of the Governing Board, which shall appoint an Instructor among the members of the Governing Board of the General Council or of the corporations that are part of the General Council with more than ten members. years of professional practice and may take the measures of a provisional nature which are necessary to ensure the effectiveness of the decision which may be made, the good end of the procedure, the prevention of the effects of the breach and protect the requirements of the general interest.

3. The procedure shall be automatically applied in all proceedings. The Instructor shall practice as many tests and performances as are necessary for the determination and verification of the facts and responsibilities liable to sanction.

TITLE V

Other Provisions

Article 66. Computation of deadlines.

All the time limits specified in these statutes that have been set in days shall be computed on calendar days.