Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7774
The law 20 / 2009, of 4 of December, of creation of the Council General of schools official of engineering in computer, envisaged in it available transient first the Constitution of a Commission Manager that should develop in the term of six months ones statutes provisional regulators of them bodies of Government of the Council General of schools professional of engineering in computer, which verified their legality by the Ministry of industry, tourism and trade would be published in the «Official Gazette» and the second transitional provision that within a year from its Constitution that Council would prepare their definitive statutes.
Of conformity with it willing in the cited law, by order ITC / 2180 / 2010, of 29 of July, is ordered the publication of the statutes provisional of the Council General of schools official of engineering in computer. That publication occurred in the «Official Gazette» number 192, on August 9, 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 collegiate organization of engineering in computer science to changes arising from law 74/1978 of 26 December, which adapted the system of schools to the Constitution and the law 7/1997, of 14 April , of measures liberalising in matter of soil and on colleges professional.
In addition, the statutes must conform to the provisions of law 17/2009, of November 23, on free access to the services and your exercise activities and law 25/2009 of 22 December, modification of various laws for its adaptation to the law on free access to the services and your exercise activities , that has modified in great part, the law 2 / 1974, of 13 of February, about schools professional.
The approval of these general statutes of the official schools of engineering in computer science and its General Board corresponds to the Government, in accordance with the provisions of article 6(2) of the Act 2/1974, on 13 February, on professional associations, as amended by law 25/2009, of 23 November on the free access to service activities and the exercise.
This real Decree is dictates to the amparo of the competition that the article 149.1.18. th of the Constitution attributes to the State the competition exclusive to dictate them bases of the regime legal of them administrations public.
In his virtue, to proposal of the Minister of industry, energy and tourism, in accordance with the Council of State and prior deliberation of the Council of Ministers, in their meeting of the day 19 of June of 2015, HAVE: article only. Approval of the statutes.
Is approve them statutes General of them schools official of the engineering in computer and of its Council General, that listed below of the present Royal Decree.
First additional provision. Adaptation of the private statutes of schools and regional councils.
Schools and regional councils existing at the time of entry into force of these statutes, will benefit from that date, of a maximum period of twelve months to suit their particular statutes and their presentation to the competent public authority.
Provision additional second. Election of the members of the Board of Governors.
Within 15 days following the entry into force of these statutes, the outgoing Governing Board of the General Council made the call for the General Assembly, which will take place in the month following his call, in whose first item on the agenda will be the election and inauguration of the incoming Governing Board members.
Sole repeal provision. Repeal of the provisional statutes.
Repealing the provisional Statute of the General Council of official colleges of engineering in computer science, whose publication was ordered by the order ITC/2180/2010, July 29.
Available end first. Skill-related title.
The present Royal Decree is issued on the basis of provisions of article 149.1.18. ª of the Constitution that the State given the exclusive competence to teach the foundations of the legal regime of public administrations.
Second final provision. Regional powers.
The regulation contained in the general statutes shall be without prejudice to which, under the aegis of its powers in the matter, approve the autonomous communities for schools and councils which constitute their respective territorial areas.
Third final provision. Entry in force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on June 19, 2015.
The Minister of industry, energy and tourism, JOSE MANUEL SORIA LOPEZ STATUTES GENERAL LOS SCHOOLS OFFICIAL OF ENGINEERING IN computer SCIENCE and OF HIS COUNCIL GENERAL TITLE I collegiate organization of engineering in computer science article 1. Collegiate organization. Definition. Personality and legal nature of the entities that compose it.
1. the collegial organization which is regulated in these general statutes is integrated by all the schools official of engineering in computer science, regional councils, which may constitute and the General Council of schools.
All of them are public law corporations constituted under the Act, with a democratic structure and inner workings that bring together people who have titles in computer engineering, or that, anyone who is its name, replace them or created with equivalent scope and level and meet the requirements demanded by these general statutes and the rules that may be applicable. We will call College Corporation to any of these members of the collegial organisation of corporations.
2 colleges, regional councils and the General Council have legal personality and capacity to act in full for the fulfilment of its purposes. In its organization and operation are are subject to the principle of transparency in its management, enjoying of full autonomy, in the frame of them present statutes General and in the of their own statutes particular.
Article 2. For schools, regional councils and the General Council. Territorial scope.
1. them tips autonomic that in its case is constitute to the amparo of it willing in it legislation autonomic corresponding, will have them purposes and functions that determine their statutes particular, with fastening to it willing in the respective legislation autonomic, in the legislation basic State and in them present statutes General. The only higher than the autonomous territorial Council will be the General Council.
2. the territorial scope of each school or, where appropriate, Regional Council will be given in their respective particular statutes, within the limits provided for in the regional legislation. The various colleges will be unique within their respective territorial areas.
3. the General Council is the representative body and top Coordinator of the collegiate organization.
4. the internal structure and functioning of the General Council will take place in accordance with the provisions of these general statutes.
5. in all them agencies College members, them processes of approval of them statutes particular definitive must compulsorily provide mechanisms of participation and proposed of amendments for all them members of the Assembly General, with character prior to the same and with deadlines and procedures appropriate to the effect.
Article 3. Regime legal.
1. the colleges and regional councils are subject to the Constitution and, where appropriate, to the statutes of autonomy that correspond by its territorial scope. Also is governed by the law 2 / 1974, of 13 of February, on schools professional, by it legislation State basic or of application direct or general that affects to these schools, by the legislation on schools professional that, in development of it legislation State, pass them communities autonomous, in the field of their competencies and territories, by these statutes General and by them statutes particular of each College.
2. the General Council is also subject to the Constitution, to the concerned professional associations Act, the basic State legislation or direct or general application and these general statutes.
Article 4. Acts and corporate decisions.
1. them acts and resolutions of them schools, of them tips autonomic and of the Council General will be Executive when are subject to right administrative, of conformity with it willing in the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common and, in its case, in the legislation autonomic.
2. the acts and decisions of colleges may use on appeal within the period of one month before the respective Regional Council or, as this not has been constituted, the General Council, provided not otherwise in the regional legislation on professional associations.
3. the acts and decisions of the General Council put an end to the administrative procedure, in accordance with the provisions of article 109 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and will be directly actionable before the contentious, however, with previous character, may be brought against the acts and decisions of the General Council appeal to the same General Council , within the period of one month. Also will end the administrative acts and resolutions of the Councils autonomic, if otherwise is not available in the regional legislation.
4. without prejudice of it earlier, any person physical or legal may direct is to the Council General for pose any type of complaint or claim in relation to any issue related with the Organization collegiate or the profession of engineering in computer. Prior to the presentation of a grievance or complaint to the General Council concerning a performance at a school in particular, shall provide is that to that school or Regional Council, if regional legislation so provides.
5. the acts and resolutions relating to their relations labour or civil will be subject to the regime legal corresponding.
Article 5. One-stop shop.
1. College corporations shall provide, either at the territorial level or aggregate mode, a single point of access electronic through which professionals can, non Presential way, and for free, make all the necessary arrangements for licensing your exercise, and their low school respective, submit all the documentation and applications needed to know the status of procedures where the consideration of stakeholders have , receive the corresponding notification of them acts of pending mandatory and the resolution of them records, included the notification of them disciplinary when not out possible by others media, be convened to them assemblies General and put in your knowledge it activity public and private of it Corporation collegiate.
2. the mentioned window only will contain the information to is refers it legislation basic on schools professional for it best defense of them rights of it citizenship target of it activity of them professional that gathers it organization collegiate, especially the access to the record of collegiate, that will be permanently updated and in which consist, at least, them following data : name and surname of the licensed professionals, number of licensing, public administrative situation and destination management, details of the associations or organisations of consumers and users that the recipients of the professional services can go for assistance, the content of codes of ethics, as well as avenues of complaint and resources that may be brought in the case of conflict between a citizen and a collegiate or collegiate Corporation.
3. with the aim of ensuring interoperability between the colleges and tips and principles of accessibility for people with disabilities, collected both in the law 25/2009 of 22 December, modification of various laws for its adaptation to the law on free access to service activities and the exercise, collegiate Corporation will create and maintain technological platforms that ensure interoperability between the different systems and the accessibility for people with disabilities.
Article 6. Service to members and to consumers or users.
1 College corporations will attend, the scope of its competence, complaints or claims filed by referees.
2. in addition, there will be a service to the consumers or users, who necessarily carry out and, where appropriate, will solve many complaints and claims relating to collegiate or professional activity of referees, submitted by any consumer or user who hire professional services, as well as associations and organisations of consumers and users in its representation or defence of their interests.
3 on this service to users or consumers, will be resolved on the complaint as appropriate: well informing about the extrajudicial conflict resolution system, well sending the record to collegiate bodies to instruct appropriate records informational or disciplinary, either by filing or adopting any other decision within its competence, in accordance with law.
4. the submission of complaints and claims can be made personally or by electronic means, through the point of unique electronic access of the College Corporation.
Article 7. Communications.
1. for the communications of them entities members and towards them entities members of the Organization collegiate will be valid, in all case, them procedures provided in the law 30 / 1992, of 26 of November.
2 Additionally the members of the collegial organization entities may use different to the previous communication procedures in the following cases: to) at the heart of its governing bodies, for communications among its members distribution lists, collaborative websites, social networks, or other tools, may be used when it is so established in the corresponding legislation or agreement of the Court. These tools provide the necessary confidentiality of the deliberations of the governing bodies and a record of the deliberations carried out.
(b) in schools relationships with their members when said procedure has been formally established in particular statutes or an agreement of the General Assembly.
(c) in the relationships of the General Council with collegiate corporations, without prejudice to the provisions of paragraph 1, and in order to achieve maximum agility and cost efficiency, the usual means of communication will be email to the address that the College Corporation has established its basic institutional data or, where appropriate, the additional address stating to the effect the College Corporation. When the Council requires acknowledgement of receipt of a communication, the Secretary of the College Corporation is responsible for ensuring their achievement within a maximum of 48 hours on business day from shipping. To an unrealized acknowledgement the Council repeated a second communication with the same formula including institutional additional addresses to the effect the College Corporation is established, understanding is received by the College Corporation, although acknowledgement is not received within the time limit, provided that no failure message received in sending the message from the General Council.
Similarly, regular communications from college corporations with the Council will be carried out similarly by email and acknowledgement of receipt to the address of the Secretariat of the Council, except against specific guidelines established by the Council, the present general statutes or legislation.
For the purposes specified in these bylaws, it shall be deemed that there is negligence when College corporations do not accuse receipt of repeated and abnormal way and within a year of communications, both in regular communications, as defined in article 7, as by any other means when so requested by the issuer.
3. when a collegiate Corporation makes use of shipments to individual emails (i.e., not to distribution lists) in addition to the recipient or recipients as such, will be incorporated as additional recipient an account of College Corporation, mode as accreditation of performed shipment receipt at that account.
4. without prejudice to the foregoing calls for assemblies and electoral processes will necessarily include sending by a medium cash (postal mail, e-mail, or other equivalent means) and the publication of the corresponding notice on the front page of the website of the entity without access restrictions.
5. College corporations shall endeavour to adapt the nature of the procedure to the importance of the subject of the communication, using procedures much more close or equivalent to the of paragraph 1 the more affect rights and individual obligations.
Article 8. Annual report.
1. College corporations are subject to the principle of transparency in its management. For this reason, each of these must prepare an annual report, containing at least the following information: a) annual report of economic management, including staff costs sufficiently disaggregated, specifying remunerations paid to the members of the Governing Board because of his position.
(b) the amount of the applicable fees, broken down by concept and the type of services provided, as well as the rules for their calculation and application.
(c) aggregate and statistical information on the information and disciplinary procedures in phase of instruction or who have achieved firmness, with indication of the infringement to which they refer and the sanction imposed, agree, in any case, with the legislation on protection of personal data.
(d) information added and Statistics relative to complaints and claims presented by them consumers or their organizations representative, as well as on its processing and, in its case, them reasons of estimate or dismissal of the complaint or claim, of agreement, in all case, with the legislation in matter of protection of data of character personal.
(e) changes in the contents of their codes of conduct, if you dispose of them.
(f) the rules on incompatibilities and conflict of interests that are members of the boards.
(g) statistical information on the visa. When appropriate, the data will present disaggregated territorially by corporations.
2. the annual report shall be public, through the web page of the College Corporation, in the first half of each year.
3. the Council General will make public, next to the memory, the information statistics to which makes reference the paragraph 1 of this article of form added to the set of the Organization collegiate.
4. to effect to comply with the provision of the preceding paragraph, regional councils and schools shall provide General Council the information required to draw up the annual report.
TITLE II of the schools CHAPTER I purposes and functions of the colleges article 9. Weekends essential of those schools.
They are essential schools late in their respective territorial fields: to) management, in the field of its competence, in the exercise of the profession of engineering in computer science, in accordance with the basic criteria which establish the General Council, to ensure ethics and professional dignity and the respect due to the society.
(b) the representation of the profession and the defense of them interests professional of the collegiate.
(c) the protection of the interests of consumers and users of the services of these professionals.
(d) to promote the progress of the society of information and knowledge, and their contribution to the general interest.
e) ensure that, in its territory and within the framework of its powers, by the fulfilment of the constitutional provisions on the use of computers to ensure the honor and personal and family privacy of citizens and the full exercise of their rights, including the right to self-image.
(f) the defence and promotion of engineering in computer science as a profession, through many activities can contribute to its development and progress.
(g) any other purposes which attributed them to law or these bylaws, and contributing to the development of engineering in computer science and the society as a whole.
Article 10. Functions of the colleges.
Is the responsibility of schools, in its territorial area, the exercise of the following functions: to) exercising many functions are entrusted to it or delegated by public administrations and bodies of the State administration, of the administrations of the autonomous communities, as well as the cities of Ceuta and Melilla, the entities that make up the Local Administration to advise persons or entities, public or private, and to their own members, issuing reports, preparing statistics, solving queries or acting in arbitrations technical and economic at the request of the parties.
(b) participate in the councils or advisory bodies of the public administration in its competition and be represented in the social councils and University boards of Trustees.
(c) exercise disciplinary authority in the collegiate and professional order on referees.
(d) provide to the courts and tribunals, pursuant to laws, collegial relationship that could be required to intervene as experts in judicial affairs, or designate them directly, as appropriate.
e) hold, in its area of competence, representation and defence of the rights and interests of the profession to all kinds of institutions, courts and tribunals, public administration, social and private entities with authority to be part in many lawsuits affect the General or collective professional interests of the profession.
(f) measures leading to avoid the intrusion of the professional.
(g) collect and channel the aspirations of the profession, raising the corresponding public administration bodies suggestions related with the improvement and the rules which govern the provision of services.
(h) endorse projects and other professional work of referees only when requested by specific request of customers.
(i) ensure the collection of perceptions, remunerations or fees earned in the free exercise of the profession, when the College requests it expressly, in cases in which school has organized the appropriate services and under conditions to be determined in the statutes of each school.
(j) inform and decide in those procedures administrative or judicial in that is discuss issues related with them honorary professional of them collegiate and set scales orientative to them alone effects of pricing of coasts.
(k) intervene, via of conciliation or arbitration on issues that for professional reasons may arise between collegiate or between these and its customers, and resolve by award, at the request of the parties concerned, any discrepancies that may arise.
(l) take them records of collegiate.
(m) create and maintain a one-stop shop, in the terms provided for in the law.
(n) prepare and publish an annual report, in the terms laid down in the law and these bylaws.
(n) create and maintain a collegiate and service to consumers and users.
(o) participate in the preparation of curricula and report the rules of organization of educational institutions corresponding to the respective professions, provided that so request these centres, maintaining permanent contact with them and prepare the information needed to facilitate access to the professional life of new professionals.
(p) comply and enforce the General and special laws and particular statutes of each school and internal regime regulations, as well as the standards and decisions taken by collegial bodies, in their competition to referees.
(q) to ensure harmony and cooperation among the members, ensuring that they develop their professional activity in free competition, subject to the limits laid down in law 15/2007, of 3 July, competition, law 3/1991 of January 10, unfair competition and in law 34/1988 of 11 November General advertising.
(r) organize activities and common services of interest to the collegiate, professional, educational, cultural, health care and welfare and other similar, contributing to the economic sustainability through the necessary means.
(s) responding to requests for information on his collegiate and firm they-imposed sanctions, as well as requests for inspection or investigation, making them any competent authority of a Member State of the European Union or of the institutions of the European Union, in the terms provided by law 17/2009, of November 23, on free access to the services and your exercise activities , in particular, in what is refers to them requests of information and of realization of controls, inspections and research are properly motivated and that the information obtained is use only for the purpose for which is requested.
(t) carry out the functions of the competent authority in the terms reflected in legislation and specifically in law 17/2009, of November 23, on free access to service activities and the exercise.
(u) promote and develop mediation as well as duties of national and international arbitration in accordance with the provisions of the legislation in force.
(v) any other function that benefit of the referees or the engineering interests in computer science.
CHAPTER II Organization of colleges and electoral process article 11. Basic organization.
(Is competition of each College establish and regulate its organization internal, of conformity with the following organization chart basic: to) Assembly General.
b) Governing Board or Governing Council.
(c) Presidency or Deanship.
Article 12. General Assembly.
1. the General Assembly is the supreme organ of expression of the will of the College and is governed by the principles of equal and democratic participation of all referees. Participation in the Assembly will be personal, and can also be carried out by representation or delegation, provided that the particular statutes of the schools provide.
(2. the Assembly General assumes as own them powers following: to) develop and approve in phase of project them statutes private, without prejudice of the necessary approval final of such statutes by the Council General.
(b) approve the internal regime regulations of the school, which should be endorsed by the General Council.
(c) approve the liquidation of budgets, balance sheets and annual accounts of the year expired.
(d) approve the annual plan of Government, as well as current year budgets, and credit allotments.
(e) approve every year the memory corresponding to the expired period, containing as a minimum the information required for the same basic legislation on professional associations, as well as the liquidation of budgets, balance sheets and annual accounts.
(f) authorize them acts of disposal of them goods estate own and rights real constituted on these, as well as of the remaining goods heritage own that listed inventoried as of considerable value.
(g) controlling the management of the Board of Governors, gathering reports and adopting, where appropriate, timely motions.
(h) any other having legally conferred by the General Assemblies of the professional associations.
3. the particular statutes of each College will regulate convocation, celebration and periodicity of meetings, that minimum will be annual. In all case the call will include the communication to them collegiate by a half effective (mail postal, mail electronic, u others media equivalent) and it publication simultaneous of it call in it cover of it part public of the website of the College, with signaling of the day, place of celebration, time and the corresponding order of the day.
Article 13. Board of Government.
1. the Governing Board is the organ of administration and management of the College which exerts this competencies not reserved to the General Assembly in accordance with the previous article, specifically assigned by the particular statutes to other collegiate bodies.
2. the particular statutes of each College will regulate the composition, manner of election and terms of office of the Board of Governors, which will in any event with the President, a Secretary and a Treasurer.
3. without prejudice to the functions to be determined in the particular statutes, the Secretary will hold the function of administrative bodies and services of the school coordination, being responsible for the record documentary of the agreements of the Assembly and the Board of Governors, issuance of certificates, custody documentary, the preparation of the annual report, the reference to the General Council of the basic school of institutional data and ensure with diligence by the fulfillment of These general statutes and particular statutes in the functioning of the school.
4. without prejudice of them functions that is determined in them statutes particular, the Treasurer holds the function of it management economic of the College, presents them budgets of income, expenses and memories economic, as well as sets them media for the collection of them quotas and its management, performs the control of them operations Bank that should perform the College, as well as the opening disposal and cancellation of accounts, which will be always in cash available to cash and one or more members of the Board of Governors.
5. by internal agreement of the same will proceed to the designation of the representatives of the school in the General Council.
Article 14. Presidency or Deanship.
Legal representation of the Association lies in who holds the Presidency or Deanship, who also presides over the General Assembly and the Governing Council, ensuring the proper implementation of their agreements and adopting appropriate measures in cases of emergency.
Article 15. Electoral process.
1. the elections for the appointment of the boards of Government's schools conform to the principle of free and equal participation of referees, notwithstanding that the particular statutes of each College to establish up to twice the valuation of vote of the self-employed, with respect to the not practicing.
2. membership members with right to vote, in accordance with their particular statutes will be electors. May opt to them nominations them people collegiate that, boasting it condition of voters, not are bankrupt in prohibition or disability legal or statutory and meet them conditions required by the respective standards electoral. They may not impose conditions to qualify for nominations that exclude more than one quarter of the collegiate. This limit shall not apply to the requirement of professional practice as a requirement for the Presidency or Deanship of the College, as well as any other fees, except those booking by the particular statutes to the not practicing.
In the case of antiquity in the licensing conditions may not require more than two years, and in the case of professional practice may not require more than four years.
3. the particular statutes shall determine the term of office, which may not exceed four years.
4. the vote shall be exercised personally, by post or by electronic means, in accordance with what is established to the effect to ensure its authenticity.
5. in the period of 5 days from the Constitution, the Secretary of the Governing Board shall communicate its composition together with the basic institutional data to the General Council, in their respective Regional Council case and the competent body of the autonomous region. Basic institutional data means the name or official designations of the College, NIF, postal address, point only electronic access, institutional email, email address of the members of the Governing Board, phone and fax in your case. Likewise will be communicated on the same date and to the same recipients any subsequent variation in the composition of the Board of Government and basic institutional data.
CHAPTER III of the collegiate article 16. Admitted to the bar, income and transfers.
1. the schools be integrated persons who are in possession of an official university degree related to the exercise of the profession of engineering in computer science or are in possession of a university degree equivalent to the previous odeclarado duly approved by the competent Ministry.
2. membership will be voluntary, except legal provision that otherwise. To this end schools will benefit from the necessary means so that applicants can process your membership via telematics in the terms of the basic legislation on professional associations.
3. the schools may not require to referees, that they exercise in a territory other than of its membership, communication, enabling any, nor the payment of economic considerations other than those that usually require their members for the provision of services which are beneficiaries and who are not covered by the collegiate fee.
If the respective particular statutes include registration fee amount may not exceed the costs of processing the same.
4. in the case of professional practice in separate territory of the Association, and for the purposes of exercising the powers of management and disciplinary power corresponding to the school of the territory in which the professional activity, for the benefit of the consumers and users is exercised, schools should use communication mechanisms and systems of administrative cooperation between competent authorities under the law 17/2009 November 23, on free access to service activities and the exercise. The sanctions imposed, where appropriate, by the Association of the territory in which the professional activity is exercised will take full effect in all Spain.
5. in the case of temporary or occasional displacement of a professional in another Member State of the European Union, shall apply the provisions on the recognition of professional qualifications in the Real Decree 1837 / 2008, of 8 November, which incorporated into Spanish law the Directive 2005/36/EC of the European Parliament and of the Council 7 September 2005, and Directive 2006/100/EC of the Council of November 20, 2006, relating to the recognition of professional qualifications, as well as to certain aspects of the practice of the profession of lawyer.
Article 17. Collegiate classes.
1 establish the following types of members: to) regular chartered: shall be those persons who meet the requirements laid down in article 16(1). Regular referees may be practicing or non-practicing.
(b) collegiate honor: natural or legal persons which schools awarded this distinction for its merits, academic, or professional concerning the professional activities of engineering in computer science, or in relation to science and information technology in general, or, likewise, with regard to the College in general organization or a school in particular. Also those who have excelled for their special work in the interest of the public in science and information technology. All of this in accordance with provisions in the respective particular statutes.
2 colleges may define in the particular statutes the figure of the precolegiado member to incorporate those students who are studying any of the degrees that enable to the profession of engineering in computer science. In any case, the figure of the precolegiado not incardina properly between the members of the College or participates still licensing or professional practice, although it can be conceived as a form of collaboration with the Corporation with a particular legal status of the precolegiado that will be defined by the collegiate Corporation who opt for its existence, using the rules of statutory development that are approved for this purpose by the General Assembly.
Article 18. Rights of referees.
1 are the collegiate rights: to) attend, with voice and vote in the assemblies.
(b) ask the governing bodies formulating requests and complaints, and gathering information on collegiate activity.
(c) choose and be chosen for management positions in the conditions that identify the particular statutes.
(d) requiring the intervention of the College, or his report, where appropriate.
e) be covered by the school insofar as it affects their status as professional in computer engineering.
(f) enjoy concessions, benefits, rights and benefits that are granted to referees in general, for themselves or their families.
(g) perform, through the single window system, the necessary arrangements and get the accurate information for access to their profession and its exercise, including licensing and down electronically.
2 the collegiate honor will have the same rights as regular referees except for those expressed in paragraphs to), c) and e).
Article 19. Obligations of the collegiate.
1 General duties of referees: to) submit to legal and statutory regulations, standards and applications of the professional ethics and the College disciplinary system.
(b) observe a behavior worthy of his condition professional and of the charge professional that exercising, playing it with honesty, zeal and competition.
(c) establish, maintain and strengthen the relations of union and fellowship that must exist between all practitioners of engineering in computer science.
2 are special obligations for referees: to) contribute promptly to the economic sustainability of the school.
(b) declare in due form your situation professional and them other acts that you are required in its condition of College, relating to their rights and obligations College.
(c) abide by and comply with the agreements adopted the corporate bodies in the sphere of its competence.
(d) communicate to the Colegio respective few circumstances of order professional are required for the fulfillment of the functions College.
CHAPTER IV of the visa schoolboy article 20. The visa.
1. the professional work visa is voluntary.
2. However, those schools must meet them requests of visa of their collegiate, organizing them services appropriate for this. Requests may be processed electronically.
3. the visa will check it identity and enabling professional of the author of the work, using for this them records of collegiate, as well as the correction e integrity formal of the documentation of the work professional in accordance with the standards by which this is rija or are applicable.
Also, Visa will express clearly what is its object, detailing the ends under control and will report on the subsidiary responsibility, which assumes the school for damages for a professional work visa by own school, provided that such damages are caused by defects that had due being made manifest by the College visar professional work and directly pertaining to items that have been visas in this work concrete.
The visa shall not include the technical control of the optional elements of professional work. You will not understand professional fees or other contractual conditions, whose determination is left to the free agreement of the parties.
4. the cost of the visa will be reasonable, not abusive or discriminatory. The schools will make public the prices of them visas of them works.
CHAPTER V economic and budget resources of the colleges article 21. Economic resources.
The schools will benefit from the following resources: to) the amount of fees that meet referees.
(b) income, products and interests of its heritage.
(c) donations, legacies, inheritances and subsidies which the College could be beneficiary.
(d) the contributions, in their case, of entities public.
(e) them rights that appropriate perceive to the College by the services rendered to collegiate or to third, as the visa of them works made by them collegiate, certifications on documents u others services different of them earlier. The amounts to be received by such services will be fixed by the General Assembly of each College.
(f) the benefits of opinions, advice, courses, seminars, sale of publications or printed and other activities.
(g) the benefits of their contracts and concert with public or private entities.
(h) those who otherwise applicable according to the applicable regulations.
Article 22. Quotas.
Quotas which, for the support of the College, are required to meet referees will be of two kinds: ordinary and extraordinary.
Article 23. Ordinary shares.
(Them fees ordinary must be approved by the Assembly General and will have in consideration that: to) the Council General, by agreement of its Assembly General, may establish a fee collegiate annual minimum for all them schools that in no case will be upper to the 1 percent of the wage minimum interprofessional annual.
(b) for them collegiate not practicing and of honor is will be for their determination to it willing in those statutes particular corresponding.
(c) the statutes particular may establish conditions special in them fees, rights and duties of them collegiate practicing in correlation with situations extraordinary or temporary, especially in relation to the situation of unemployment.
Article 24. Shares outstanding.
Extraordinary fees must be agreed by the General Assembly, with the limitations which may be established by the particular statutes.
Article 25. Payment and collection of dues.
1. the particular statutes from each school will determine the form of payment and collection of quota contributions.
2. the College that does not pay dues in corresponding deadlines will receive school written claim warning you of non-payment.
3. If it persists in its attitude of non-payment and accumulate more than two consecutive terms, you will be required to make them effective, granting it to the effect within 15 days, after which will recharge you a 20% per year, if it has not satisfied its obligation.
4. If the Member persists in not paying in the form and time provided for in the preceding paragraph, independently of the charge and the claim of the sums due, will be suspended on the enjoyment of all their rights College while their obligations do not effective. The suspension will automatically rise when they meet their college debts.
5. once after six months since the College requirement, non-payment may give rise to the low of the collegiate. Run down from the College for breach of the duty to pay fees only when such failure was repeated, low collegiate decision was firm and such a low not entail the disqualification to practice.
6. the suspension in the enjoyment of rights College has no character of disciplinary sanction.
Article 26. Budgets.
The economic regime of the colleges is budgetary. The budget will be only and shall cover all revenue and expenditure of the College, should refer to the calendar year.
Article 27. Contributions of colleges and regional councils.
Schools and, where appropriate, regional councils, must satisfy the economic contributions approved by the General Assembly of the Council.
TITLE III of the Council General of schools CHAPTER I provisions general article 28. The Council General.
1. the Council General of schools official of engineering in computer is a corporation of right public, without mood of profit, endowed of personality legal own and full capacity of Act for the compliance of their purposes, covered in the article 36 of the Constitution Spanish, that is governed by the law 20 / 2009, of 4 of December, of creation of the Council General of schools official of engineering in computer , by the law 2 / 1974, of 13 of February, about schools professional and by the present statutes.
2. the Council General will be integrated by all the schools of engineering in computing and tips autonomic existing in Spain.
3. the acronym of the Council General will be ICCI.
Article 29. Purposes.
They are essential General Council purposes: to) management, in the field of its competence, in the exercise of the profession of engineering in computer science.
(b) to promote the progress of the information society and knowledge in Spain, and its contribution to the general interest.
(c) to ensure, in the field of its competence, the fulfilment of the constitutional provisions on the use of computers to ensure the honor and personal and family privacy of citizens and the full exercise of their rights, among which is the right to self-image.
(d) coordinate and represent schools and regional councils, where appropriate, in terms of the functions which are you own and are regulated in their statutes, in the national and international levels.
(e) the institutional representation of engineering in computer science.
(f) the defence of the professional interests of the collegiate members of Member corporations, as well as the protection of the interests of consumers and users of the services of these professionals.
(g) the defence and promotion of engineering in computer science as a profession, through many activities can contribute to its development and progress.
(h) any other purposes that attributed him the law or these bylaws, and that contribute to the development of engineering in computer science and the society as a whole.
Article 30. Functions.
1 are functions of the General Council of official colleges of engineering in computer science, when they have scope or national impact, which are then cited, provided do not come into conflict with the powers of the various colleges and regional councils: to) how many functions result in benefit of the protection of the interests of consumers and users of the services of the members of collegiate member corporations.
(b) exercising many functions are entrusted to it by the public administration and to collaborate with this by conducting studies, issuing reports, statistics and other activities related to its purposes that can be requested or agreed to formulate on its own initiative.
(c) hold the representation that established them laws for the fulfillment of its purposes.
(d) participate in the councils or advisory bodies of the public administration in the field of competence of engineering in computer science, in the terms established by law.
(e) be represented in the College boards, when legally proceed.
(f) participate in the preparation of curricula and disclose the rules of organization of educational institutions for engineering in computer science, if so request the centres, and maintain constant contact with them and prepare the information needed to facilitate access to the professional life of new professionals.
(g) hold, in its scope, the representation and defense of the profession to the public administration, institutions, courts and tribunals, entities and individuals, with authority to be part in few disputes affect the professional interests and exercise the right to request, in accordance with the law.
(h) order in the field of its competence the professional activity of the collegiate of Member corporations, ensuring the ethical and professional dignity and respect for the rights of individuals and exercise the disciplinary power in collegiate and professional order.
(i) organize activities and services common of interest for them collegiate of them corporations members, of character professional, training, cultural, healthcare and of forecast and others analogues, contributing to the sustaining economic through them means necessary.
j) to ensure harmony and collaboration between collegiate member corporations, and between these and other professionals, as well as in general, to promote gender equality.
(k) adopt measures leading to avoid the intrusion professional, in the terms legally established.
(l) intervene, via of conciliation or arbitration in matters which, for professional reasons, between the collegiate member corporations.
(m) award, at the request of interested parties, solve discrepancies which may arise on the fulfilment of obligations of the work done by the collegiate members corporations in the exercise of the profession.
(n) information in judicial or administrative proceedings in which professional fees are discussed.
(n) organize, in his case, courses for the training professional of them postgraduate.
(or) meet and do meet to them collegiate of them corporations members them laws General and special and them statutes professional and regulations of regime inside, as well as the standards and decisions taken by them organs College, in matter of your competition.
(p) address requests for information on the collegiate of Member corporations and the firm sanctions they imposed, as well as requests for inspection or research that ask you any competent authority of a Member State of the European Union, or the institutions of the European Union, in the terms provided for in the law 17/2009, of 23 November on free access to services and its exercise, in particular, activities in what refers to requests for information and carry out checks, inspections and investigations are duly substantiated and that the information gathered is used only for the purpose for which it was requested.
(q) how many other functions assigned to it by regulation or legal and which lead to the professional interests of the collegiate of Member corporations.
2 are the specific functions of the General Council at the national level: to) the participation in the elaboration, within the scope of the European Union, of codes of conduct, intended to facilitate the free exercise of the profession or the establishment of a professional in another Member State, respecting in any case the rules of the competition.
(b) establish instruments for cooperation with the respective schools to make effective communication mechanisms and systems of administrative cooperation.
(c) coordination and joint representation of councils and colleges of engineering in computer science existing in Spain.
(d) draw up the general statutes of schools, as well as their own.
(e) approve the particular statutes of the schools and their modifications.
(f) endorse regulations regime inside of schools.
(g) settling disputes that may arise between the various colleges.
(h) take measures to ensure that schools comply judgments of the General Council in its competition.
(i) exercise disciplinary functions with respect to the members of the General Council and, unless otherwise specified in the autonomic regulation, the members of the boards of Government for schools.
(j) approve their budgets and regular and fairly set the contributions of colleges.
(k) inform mandatorily all draft amendment of the legislation on professional associations.
(l) take on the representation of Spanish professionals with similar entities in other Nations.
(m) arrange with national institutions and services of assistance and welfare and collaborate with the public administration for the application to the licensed professionals of corporations that are members of the most suitable social security system.
(n) try to get the highest level of employment of the collegiate of Member corporations, working with the Administration to the extent that is necessary.
(n) adopt such measures as it deems appropriate to provisionally complete with referees older government schools boards, when vacancies in more than half of those charges occur. The provisional board, thus constituted, shall exercise their functions until they take office designated under election, which will be held in accordance with the statutory provisions.
(o) ensure that ensure compliance with the conditions required by the laws and the statutes for the presentation and proclamation of candidates for the positions of the joints of Government for schools.
(p) ensure the application of a code of ethics only for all it profession.
(q) how many other functions serve the fulfilment of its purposes in accordance with the law.
Article 31. Headquarters.
1. the General Assembly may designate the location of the institutional headquarters of the General Council, as well as the electronic office.
2. the Executive headquarters of the General Council will be the school of who holds the Presidency of the Governing Board.
3. irrespective of the institutional and executive offices of the General Council, the communications forwarded to the General Council through check of any colleges or regional councils of engineering in computer science from Spain will be valid.
For this purpose, the secretariats of each Corporation processed with due diligence the writings and communications forwarded to the General Council through them.
4. the General Assembly and the Governing Board may hold meetings in different places in any of its campuses.
Article 32. Organs of Government.
1. the bodies of Government of the General Council are the General Assembly and the Governing Board.
2. the governing bodies have full independence to the performance of the emanating duties laws and these bylaws, ensuring, in any case, the joint and coordinated action for the fulfilment of the purposes of the Council.
CHAPTER II of the Assembly General article 33. Competencies.
(The Assembly General is the organ maximum of Government of the Council General, and as such assumes the powers following: to) choose to them charges of the Board of Government.
(b) Cesar to the Board of Government or any of their charges through the adoption of the vote of censorship.
(c) draw up the statutes General intended in the article 6.2. of the law 2 / 1974, of 13 of February, about schools professional, according to it established by the provision transient second of the law 20 / 2009, of 4 of December, of creation of the Council General of schools official of engineering in computer.
(d) approve the liquidation of budgets, balance sheets and annual accounts of the year expired.
(e) approve the annual plan of Government, as well as current year budgets, and credit allotments.
(f) approve every year the memory corresponding to the expired period, containing at least the information required by article 8 of these bylaws for the same.
(g) authorize the acts available to own immovable property and real rights constituted about these, as well as the remaining own assets appearing inventoried as of considerable value.
(h) controlling the management of the Board of Governors, gathering reports and adopting, where appropriate, timely motions.
Article 34. Composition.
The Assembly General of the General Council is composed of the following members: to) who holds the Chair or Dean's Office of each college or those bylaws to replace them.
(b) a maximum of two additional representatives, members from each school, designated by the corresponding Government from among the professional body to hold the status of delegates to the General Assembly.
(c) the members of the Governing Board of the Council, with voice and, in his case, vote in that they are delegates to the General Assembly.
Article 35. Meetings.
1. the General Assembly shall meet, on a regular basis, once a year, within the first quarter of the year.
(2. the Assembly General is meet with character extraordinary when it request, either: to) the Board of Government.
(b) at least one-third of the schools that comprise the General Council with a representation of coefficients of at least one-fifth of the total number of coefficients of the schools aware of payment of dues.
The extraordinary General Assembly shall be held within a maximum period of one month from the request, with the strict agenda proposed applicants.
3. by mandate of the Presidency, the Secretariat shall send call by written, with the corresponding order of the day with, at least, 20 days of advance, except in them cases of urgency justified in which may convene is with a minimum of 5 days of anticipation.
In the case of the ordinary Assembly, the agenda will include, at least, a report of the President of the General Council, annual report, approval of accounts and budgets, annual plan of Government, proposals which are carried out from schools and requests and questions.
In each call is will include a paragraph express that will inform, on each Corporation, of its coefficient of votes assigned and of the contributions economic pending that could give place to the loss of right to vote.
4 such call will be inserted on the Bulletin Board of the Council, and, where applicable, on the website of the General Council, with indication of the day, place, time and the corresponding order of the day.
5 the following topics can only undergo approval at an extraordinary General Assembly: to) modify the statutes of the General Council and general statutes.
(b) authorize the Governing Board for the alienation of property forming part of the assets of the Corporation.
(c) censure the action of the Board of Government.
(d) agree the merger, absorption, segregation and dissolution of the General Council.
(e) approve the regulation of regime internal of the Council General.
(f) approve the code of ethics.
6. the General Assembly shall be validly constituted when, duly convened, assist in first call the absolute majority of its members entitled to vote and, in second call 30 minutes later, either as the number of attendees.
Assistance can be online whenever the Governing Board otherwise and organize the available resources allow to follow and intervene in the Assembly normally and provided that its development mechanism is regulated in the internal regime regulations.
7 in any case, the presence of the following positions is necessary so that the General Assembly is validly constituted: a) in first call, President and first Secretary.
(b) in second call, the Presidency or any of the Vice-Presidencies and, at least, an of the Secretaries.
(c) if it is a call of the extraordinary at the request of the members of the General Assembly, just the presence of two organizing members in second call, who would assume the Presidency and secretariat of the session in the absence of the Governing Board charges.
8. who holds the Presidency of the Governing Board, or who will replace him in the General Assembly, will to preside over the meeting, as well as maintain order, granting the use of the word and moderate development of the discussions.
Article 36. Representation.
1 to each school you will be: to) a coefficient of vote, determined as the proportion of the number of licensed professionals in the school in relation to the Census total of licensed professionals throughout the national territory, both accredited to the date of announcement of each General Assembly, and expressed as a percentage with a maximum of two decimal digits.
(b) three votes individual, corresponding to the number maximum of members that can assist to the Assembly General in representation of a corporation.
2. each representative will hold the fraction corresponding of the coefficient of each school, as well as a vote individually.
If there are less than three representatives from each school, who is also the Dean or President of the Corporation or who bylaws can replace him collect fractions of the coefficients and the not attributable individual votes.
3. members appointed by the regional councils will have voice in meetings, but will lack individual voting and by coefficient, except that some of the colleges that make up the delegaran fully and expressly in these their representation.
In this case, the criterion of distribution to their representatives will be the same as laid down in the preceding paragraph for schools, taking the sum of individual votes and coefficients of those schools that had delegated its representation for the assignment.
4. the secretariats of each College shall send to the Secretariat of the General Council, with at least 2 days prior to the holding of the General Assembly, a certificate stating the names of the representatives of the school for the General Assembly, who must duly prove their identity before the Secretary of the General Council prior to the meeting.
This certificate is not necessary when variations occur not in the members attending on behalf of a particular Corporation.
5. schools must be aware of the payment of the fees described in article 51 of these general statutes to enforce its rights of representation before the meeting of the General Council, as specified in article 38.5 of these statutes.
6. the regional councils, if any, will be represented to the extent that they are schools that integrate them.
7. to ensure the participation of schools in the decisions of the general Assembly, while it causes which have arisen which prevent a Dean or President of school attendance at the general Assembly, may delegate their representation, any member of the Advisory Board of Government which must necessarily have evidence the Secretary of the Council.
Article 37. Census of collegiate.
1. for the calculation of the coefficients of representation of the previous article, each school shall transmit to the Secretariat of the General Council, at least 2 days in advance with a general, and 30 days in advance in the event of elections, with regard to the holding of the General Assembly, a certificate stating the number of collegiate census date of the call that it will be taken as the basis for the computation with respect to the national total. This certificate is not necessary when there is variation in the number of members registered on the last issued certificate.
2. the schools of field territorial will facilitate to the Council General the information on them collegiate required for the compliance of their obligations legal. As minimum shall provide the following information concerning referees: name and surname of the licensed professionals, number of licensing, official titles of those who are in possession, professional address, email, location of professional Habilitation, and date of licensing. This updated information will be done at least once a year and, in any case, as complementary to the certificate of census of collegiate for the calculation of the coefficients of representation.
Article 38. Adoption of agreements.
1. for the adoption of agreements will be required the most simple of them votes individual valid issued (present or represented), that to its time pose the most simple of the sum of coefficients except in them cases planned in them paragraphs following.
(2. is will require the vote favorable of unless them two third parts of them votes individual valid issued, whose sum of coefficients to its time represent at least them two third parts of the sum total of coefficients corresponding to them votes individual valid issued for them following agreements: to) approval of the proposed of statutes General of the Council General.
(b) motion of censorship of the Board of Government or of any of its members.
3. in the event of a tie, it will settle the vote of the Presidency.
4. the voting shall be public.
5. those schools that have not satisfied the financial contributions have that obligation, will lose their right to vote in the General Assembly. Only be considered as possible votes individual valid (present or represented) them corresponding to representatives of schools that are to the running of their contributions economic.
CHAPTER III of article 39 Governing Board. Composition.
(1. the Board of Government will be composed by the following charges: to) the Presidency.
b) two Vice-Presidents, known as first and second, respectively.
(c) two Secretaries, known as Secretary and Deputy Secretary, respectively.
(d) the Treasury.
(e) a minimum of one and a maximum of six members.
2. any school can have more than three members in the Board of Government.
Article 40. Calls for electoral and process of election of charges.
1. the announcement of elections should make it the Governing Board at least 45 days prior to the date of execution, and shall make public at the same time the percentage of participation corresponding to the last census certificates available to corporations that make up the Council, which will be available on the website of the Council or the Secretariat of the provisional.
The Governing Board shall be at least 25 days before the date fixed for the holding of the elections, to make public the final percentages of participation corresponding census certificates received on the web site of the Council and its shipment to the secretariats of the colleges forming the Council. Schools that wish to make any claim against the percentages of participation should formalize it in within 5 days of having been exposed. These claims must be determined by the Board of Government within them 3 days following to the of the expiration of the term for formulate them, and the resolution must be notified to each claimant within them 10 days following. In the case of no-show no claim will be by accepted the presented percentages.
It Board of Government will proceed 3 days before the date set for the celebration of them elections, to do public them percentages of participation definitive in the website of the Council and to its shipping to them Secretaries of them schools that form the Council.
Likewise by the Governing Board shall be fixed to the place, date and time for the vote, specifying time of opening and closing where is made the same.
2. the President of the General Council shall be elected by all the Presidents and deans of Spain or, in their absence, by those who replace bylaws from among the candidates presented President. Be eligible for President collegiate people that aren't falling in prohibition or inability to legal, statutory or disciplinary proceedings.
He candidate to President may present briefly the circumstances of his candidacy and his program before proceed to the vote. The time maximum of presentation will be of 10 minutes for each one of the candidates.
3. to qualify for the positions of Senior Vice President, second Vice-President, Secretary, Deputy Secretary and Treasurer will be necessary to integrate into a joint candidacy. The candidates for the post of Member will be presented individually, although they can certify their adherence to any of the presented joint candidates.
They shall be eligible for such charges those collegiate people that aren't falling in ban or inability to legal, statutory or disciplinary.
Nominations must include, likewise a minimum of three alternate, establishing an order in the list to the substitution effects in positions in the Governing Board provided for in article 41, paragraph 4.
4. joint nominations shall be submitted signed by at least one of the members of these nominations, which will include the full composition of the same, within the period of 15 working days from the date of the call. During the same period must communicate is them accessions to them nominations from the members that not have signed the same. Nominations and accessions may be submitted in the Council Secretariat and the secretariats of schools that compose it.
Secretariats of the schools, in turn, sent these nominations and accessions to the Council Secretariat in electronic format the next business day met the period of 15 days.
The Secretary of the Board will acknowledge receipt of applications, in his case with accessions received, becoming public within 5 days of their receipt. Original adhesions be provided physically, maximum, in the Assembly in which the elections are held.
5. the Secretariat of the Council will provide that applications can submitted his Government's programme to schools from the day following the publication of applications and up to 24 hours before the vote. The concrete mechanisms for the presentation of government programs will be specified for general knowledge at the time of proclamation of candidatures.
6. the members of the Assembly will vote the nominations, resulting destination that get a greater number of votes and proportion of coefficients.
In previous polls, tie or not complied with the joint majority of votes and coefficients, be a vote in second round in which the coefficients assigned to schools will prevail.
In the case of submission of a single candidacy, this must be ratified ballot the day that is fixed for it, in such a way that you get the simple majority of the Assembly, as described in article 38.1 of the present statutes.
7. those joint nominations that have not been chosen may choose to integrate their candidates on lists of vowels. The Assembly will vote the members one by one up to the maximum established in these statutes as well as three additional alternates from among those who integrate joint and individual candidatures resulting elected those who receive the highest number of votes and percentage of coefficients.
8. If there is no bid on the deadline, you may choose through electoral lists open between the members of the Assembly, and thus will be known to all members of the Assembly.
Article 41. Validity of the charges.
1. the duration of the mandate of the members of the Board of Government will be of four years.
2. the members of the Board of Governors may occupy a same charge a maximum of two consecutive terms.
3 the members of the Governing Board shall be terminated when any of the following circumstances: to) resignation.
(b) by motion of censure passed in accordance with these statutes.
(c) because of punishment for disciplinary violation serious or very serious, relapse by administrative, judicial, or corporate firm 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) for causing low as a collegiate member.
(f) by transfer is of its College of origin to another that already count with 3 members in the Board of Government.
(g) by the loss of the status of Member of the Assembly General.
(h) in the case of them vocal when assume the fallback of those charges that were vacant according to it provisions in the article 50.
((((((4. in them previous alleged to), c), e), f), g) and h) when affect to vocal, it together of Government may proceed to its replacement between them alternate elected respecting the order established in the candidacy and will give has to the Assembly in the following meeting ordinary.
5. the functions of them charges terminated will be assumed by who them replace bylaws until his new appointment.
6 If the vacancy of more than half of the members of the Governing Board or the President and Vice President, at the same time, the remaining members of the Board convene elections urgently in within a month, following the procedure described in article 40.
Article 42. Functions.
They are powers of the Governing Board: a) the management and administration of the General Council and the assets of this.
(b) the implementation of the agreements of the General Assembly.
(c) the elaboration of drafts of draft regulations, codes and other State-level College standards.
(d) the preparation of matters that must be dealt with by the General Assembly.
(e) the preparation and issuance of reports on legislative proposals for the General Administration of the State, in the cases legally provided for.
(f) the resolution of the appeals to the General Council, insofar as they are of this competition.
(g) the promotion of measures of image of the profession.
(h) information to schools and regional councils, as well as to the members of the General Assembly, his performances and how issues affect them.
(i) issuing awards.
(j) all functions and activities necessary and inherent to the functioning and activities of the General Council that non-exclusive competence of the General Assembly.
(k) promote the establishment of schools in the autonomous communities and the cities of Ceuta and Melilla.
(l) approve the work plans and agree to the creation of many committees, working groups or committees are accurate.
Article 43. Motion of censure.
1. the General Assembly may propose the motion of censure of the Government meeting.
2. the motion of censure must be proposed at least by the third part of the members of the last General Assembly and it should be expressed clearly the grounds on which it is founded.
3 presented the motion, the Presidency shall convene the General Assembly with extraordinary character within a maximum of one month and 15 days in advance as a minimum. If not it did so, will be empowered to convene the the Member more old of them signatories of the motion of censorship.
4. the adoption of this motion of censure shall require the favourable vote of at least two-thirds of the valid individual votes cast, whose sum of coefficients in turn represent at least two-thirds of the total sum of coefficients corresponding to valid individual votes cast.
5. the approval of the motion of censorship will take get it celebration, within the term maximum of a month, of a new election of the Board of Government, continuing Meanwhile this in functions until it takes of possession of them new charges elected.
6. those who have tabled a motion of censure may be hardly any other against the same Governing Board within the period of one year.
7. the Governing Board shall submit to the Assembly General vote of confidence for the ratification of their management or Government program, whose formulation, processing and effects shall comply with the provisions for the motion of censure.
Article 44. Call for proposals and meetings.
1. the Board of Government is meet, as minimum, with character quarterly or when it request the Presidency or three of its members through communication to the Presidency.
2. proposals will be carried out by the Secretariat, mandated by the Presidency, with a minimum of 10 days in advance, with expression of the place, date and time, as well as the order of the day.
In cases of justified urgency the call can be made, with a minimum 3 days in advance, by any means that allows a minimum level of consistency and safety. If not face to face, will indicate the procedure to follow for the completion of the call.
3. the Board of Government will be validly constituted whenever, duly convened, attend in first call them two third parts of their members, whenever between them is find it Presidency or any of them Vice Chairs and the Secretariat and, in second call 30 minutes more afternoon, any that is the number of assistants, whenever between them is find it Presidency or any of them vice-presidencies and it Secretariat or Deputy.
4 meetings of the Governing Board may be made to distance, prior agreement of its members, using technological means that are necessary and ensure: to) the technological possibility of all members to participate in the meeting.
(b) the record documentary of those agreements.
(c) members of the Governing Board must maintain at all times the privacy of the contents expressed in the course of the meeting, with the exception of those who by their nature, content and in accordance with the by-laws must be made public. Members of the Council shall be communicated to corporations agreements.
Article 45. Adoption of agreements.
1. each Member of the Board of Government holds a just vote, without fit its delegation.
2. the agreements are taken by most simple of them present.
3. the vote of the Presidency will settle possible ties.
CHAPTER IV of the one-person charges article 46. Presidency.
The functions of who holds the Presidency of the Governing Board are: to) convene and chair the meetings of the General Assembly and Governing Board.
(b) coordinate the tasks of the Board of Governors so that facilitate and contribute to the fulfilment of its functions.
(c) represent the Board in all its fields of action and, in that capacity, take corporate representation in the exercise of all rights and duties incumbent on the Council against third-party, public or private.
(d) assume few competencies is derived of them present statutes, the legislation existing, which are precise for carry to out the normal operation of the Council General or which you refer the Assembly General.
(e) the President shall appoint from among the Vice-Presidents which should replace it, if not to preside over or to exercise at any time, any act or call that apply to you in accordance with the applicable statutes.
(f) to issue awards.
Article 47. Vice Chairs.
1. who holds the vice-chairmanship will replace the President in case of vacancy, absence or illness and in all tasks entrusted by the Presidency, being necessary to inform of the performance of their tasks.
2. Likewise, you may have any other functions entrusted by the Board of Governors and not attributable to the rest of the charges.
3. who holds the second Vice President shall assume the functions of the first Vice President in case of absence or vacancy of this.
Article 48. Secretary and Deputy Secretary.
(1. are functions of who holds it secretariat of it Board of Government: to) it constancy documentary of them agreements of the Assembly General and the Board of Government, certifying them with the approval of the Presidency, and lifting Act of all them meetings.
(b) the custody and updating of the main contact details for the members of the General Assembly, as well as the boards of Government, both the General Council and the rest of corporations that will be available to all members of the General Assembly.
(c) receive and give accounts to the Presidency of all requests and communications referred to the Council.
(d) assume the administrative coordination of the various bodies and services of the General Council, as well as Chief of the staff of the General Council.
(e) take many powers are derived these general statutes and legislation, as well as those entrusted to the General Assembly or the Presidency.
2. who holds the Deputy will assume the functions of the Secretary in his/her absence or vacancy.
Article 49. Treasury.
The functions of who holds the Treasury of the Governing Board are: to) economic management of the General Council and, therefore, their funds and their administration. This function may not be delegable under any circumstances.
(b) submit the budgets of income, expenditure and economic reports, as well as establishing means for the collection of quotas and their management.
(c) carry out the control of banking operations to be carried out by the General Council.
(d) open, arrange, and cancel accounts, which will be always in cash available to cash and one or more members of the Governing Council, by this agreement.
(e) assume few competencies is derived of them present statutes, of the legislation existing, as well as which you entrusted the Assembly General or the Presidency.
Article 50. Members.
1. the members shall have the function of coordinating the work of the commissions of work, working groups or committees that will be by agreement of the General Assembly.
2. may have, also, them functions that you entrusted it together of Government, as well as the fallback of those charges that were vacant, being necessary inform to the same of the development of its committed.
3 they will provide, in addition, many proposals contribute to the proper functioning of the General Council.
CHAPTER V of article 51 General Council funding. Quotas.
1. for the economic sustainability and the achievement of the purposes of the General Council, the General Assembly may fix fees as it deems necessary.
2. quotas may be ordinary or extraordinary.
3. the General Council, always to ensure the economic viability of the Corporation may establish general criteria for exemption, full or partial, as well as bonus to the payment of contributions by corporations.
Article 52. The collection of fees.
1 the obligation of payment by corporations to the General Council will be born when if any of the following cases: a) in the case of the ordinary shares, with the beginning of the calendar year.
(b) in the case of extraordinary contributions, the day after the date of the General Assembly, which agreed to its establishment.
(c) in the case of colleges or regional councils of new creation, when they acquire legal personality.
2 the deadline for full payment of assessed contributions by corporations will be calculated, unless agreed otherwise in the General Assembly, in the following manner: to) for dues, the last business day of the third month of the year, or the day prior to the conclusion of the annual General meeting, whichever is earlier.
(b) for extraordinary fees, six months after its approval, or that the General Assembly determined in the agreement which was established.
3 schools that do not carry out the corresponding fertilizer will incur the situation of disqualification of voting described in article 38.5 of these statutes.
Article 53. Of dues.
1. every school must pay dues of the General Council in proportion to its number of members.
2. the amount of the fees will have annual unique character, regardless of the time of entry of each professional in a particular school.
3. once a school paid ordinary share of the General Council within the time limit set in article 52. 2 is deemed that quota satisfied for the exercise corresponding, regardless of subsequent variations of the number of collegiate.
Article 54. Extraordinary fees.
1. the fees extraordinary correspond to each Corporation in proportion to its number of collegiate.
2. the calculation of the proportion will be held similarly to the coefficients of voting, taking as a reference date for the computation date of convocation of the General Assembly which approved the establishment of the quota.
Article 55. Other resources.
The General Council will have for its financing, in addition to the quotas referred to in the previous articles, the following income: to) rights or fees for the issuance of certifications, opinions, reports or other assessments that may be required, and are covered by the law.
(b) the yields of their heritage.
(c) the income by publications or other services paid that have established.
(d) grants or donations received.
(e) how many others contributions additional provides the legislation current.
CHAPTER VI article 56 General Council employees. Competition for its designation and operating regime.
1. the Board of Governors, attending to the needs of the service, will determine and designate the number of employees of the General Council, as well as the distribution of labour, salaries and bonuses.
2. the Secretary shall propose to the Governing Board the powers and functions to play by different employees of the same.
3. the budget of the General Council shall include appropriations relating to staff of the same. The Board may appoint, at unforeseen expense, any personnel deemed necessary.
TITLE IV of article 57 disciplinary regime. Applicable regulations.
1. the disciplinary regime of the members of collegiate corporations shall be governed by the provisions in these bylaws, code of ethics and, in matters not provided for in the statutes, by the provisions of title IX, chapters I and II of law 30/1992, of 26 November, and the regulation of the procedure for the exercise of the authority sanctioning power approved by Royal Decree 1398 / 1993, of 4 August.
2. the disciplinary regime established in these general statutes is understood without prejudice to the responsibilities of any kind incurred by referees in the development of the profession.
Article 58. Competition.
1 corresponds to the General Council the disciplinary authority to prosecute and punish offences committed by members of its colleges, as well as members of the colleges of the regional councils and the boards of Government for schools, in accordance with the provisions of article 9 of the law 2/1974, of 13 February , about schools professional. The foregoing without prejudice to what might have other provisions. This function shall be exercised by the Board of the Government of the General Council or in its case by what is available in the interior of the General Council regime regulations.
2 colleges shall exercise disciplinary powers to correct actions and omissions that make their collegiate. This function shall be exercised by the Government of the College Board or in its case by what is available in the particular statutes or the interior of the school regime regulations.
3. before of imposing any sanctions, will be heard, if it exists, the corresponding ethical Commission of the College Corporation, whose report will not be binding.
4. the collegiate Corporation shall keep a register of sanctions and will be obliged to retain the record until the expiry of disciplinary liability. Firm disciplinary sanctions shall be entered in the personal file of the offender. Such annotations will be cancelled, ex officio or upon request of a party, once after the cancellation deadline, counting from the day of enforcement or prescription of the sanction.
Article 59. Minor fouls.
(1. is considered fouls mild: to) the breach from a College of them rules statutory or of them agreements adopted by the Corporation collegiate, unless constitute lack of superior entity.
(b) lack of respect for members of the colleges of the collegiate organization in the exercise of their functions, when it is not lack serious or very serious.
2 will be considered special offences, that is, those which requires, as qualifications in order to be author, ostentation of a corporate office, classified as minor misconduct: a) the dereliction of duties or lack of diligence, without intention, in the fulfilment of its obligations as a member of the governing bodies of the organization.
(b) the breach from a member of a body of Government of a college territorial of them rules statutory or of them agreements adopted by the Council General or in your case the Council autonomic, unless constitute lack of top entity.
(c) them failures repeated of assistance by cause not justified of a member of the Board of Government of the entity to them meetings of such Board of Government in the term of a year, or it not acceptance also unjustified of the performance of them charges corporate that is you entrusted in the term of two months.
Article 60. Lacking serious.
1 will be considered serious misconduct: a) the repetition of minor misconduct in the period of twelve months from the Commission of the previous offence, has been or not sanctioned such infringement.
(b) negligence reiterated in the fulfilment of the obligations assumed in the organs of the College Corporation.
(c) indicate a qualification or title that does not possess, in the compulsory to be a member of a collegial body of the College Corporation.
(d) the concealment of data or information of general interest to the profession that may act or which by its nature, must act in power of those responsible.
(e) neglect the duty of referees inform consumers and users on the development of their professional activity.
2 will be considered special offences, i.e. those which requires, as qualifications in order to be author, ostentation of a corporate office, classified as serious offences: to) deliberately rebellious indiscipline on the organs of the General Council, or if any of the corresponding Regional Council, in the exercise of their functions, and except that constitute lack of superior entity.
(b) the wrongful or negligent infringement of the secrecy of the deliberations taking place in the collegiate entity bodies, when so expressly agreed.
(c) negligence reiterated in compliance with the legislation on professional associations, regional councils and General Council, as well as these statutes.
(d) the acts or omissions that violate the respect, dignity and code of ethics of the profession, made during the time that holds an office in the General Council.
(e) ignoring the request made by the General Council on information of members in their respective territorial field, if applicable.
(f) failure to comply with the agreements validly adopted by the collegiate organs of the General Council.
Article 61. Very serious offenses.
1 will be considered very serious: to) the repetition of serious mistakes in the period of twelve months from the Commission of the previous offence has been or not sanctioned such infringement.
(b) the serious misconduct that meet any of the following conditions: 1st affect the democratic functioning of institutions or the rights of referees.
2nd violate the proper control of the General Assembly of the entity.
3rd affect the functioning of the General Council or the representativeness of a school in the Council by action or omission.
(c) the attack on the dignity of the people on the occasion of the professional practice.
(d) the concealment or any type of protection provided to the professional intrusion during the performance of duties within the General Council, in the terms established by law and when it has been determined by final judgment.
(e) the coercion, threat, retaliation or any other form of pressure serious exerted on them bodies and people.
(f) the performances professional negligent that cause serious damage to the recipients of the service professional.
(g) the breach of the regulation of the exercise professional that cause serious prejudice to the recipients of the service professional; in particular, from the obligations of information to the recipient.
(h) the practices abusive that harm badly to them consumers or users of the services.
(2. is considered infringement special, this is, that in which is requires, as qualification specific for to be author, the ostentation of a charge corporate, typified as missing very serious: to) the infringement fraudulent of the secret of them deliberations gotten in them organs of the Council General, when so is agreed expressly.
(b) any conduct constitutive of crime in matter professional, during the performance of a charge within the Organization collegiate, provided that has been condemned by sentence firm.
(c) disregard the requirement made by the Council General about the Census of Collegiate of the Colegio respective, in case of be applicable.
Article 62. Sanctions.
1. the faults minor will be sanctioned with admonishment private or public.
2. the serious misconduct of members of organs of the entity will be sanctioned with the suspension of the charge taken in the entity and disqualification to occupy any position of responsibility in the collegiate Corporation for more than a month and less than six months time. Serious fault of collegiate will be sanctioned with the suspension of membership and ineligibility to occupy any position of responsibility in the collegiate Corporation for more than a month and less than six months time.
3. the very serious misconduct of members of organs of the entity will be penalized with the suspension of the charge taken in the entity and disqualification to occupy any position of responsibility in the collegiate Corporation for more than six months and less than two years time. Them failures very serious of collegiate will be sanctioned with the suspension of the membership e disqualification for occupy any since of responsibility in the Corporation collegiate by time top to six months e lower to two years.
4. the reiteration during the term of four years on the Commission of very serious misconduct shall be punished with expulsion from the entity, and the disqualification to occupy any position of responsibility in the collegiate Corporation for a period of up to five years. This resolution must approve is by at least the two third parts of them members of the organ that perform the resolution.
5. in the former case, the expelled member shall be replaced, in the bosom of the governing body of the entity, by the same procedure for the case of the resignation of the Manager.
6. each one of the disciplinary penalties provided for in the preceding paragraphs shall entail the obligation to rectify or correct defects and irregularities observed; rectify those situations or behaviors unsuitable; run, ultimately, the agreement that, at the same time, be adopted by the competent authority following facts deduced and proven during the processing of the record.
7. of the Commission of them fouls planned in the present title is will give transfer to the Board of Government of the College or Council autonomic to which represented in the Council the infringing, that sent a report in the term of 10 days working emitting the seem of the Corporation corresponding.
8. the lack of issuance of the report in due time will not prevent the continuation of the sanctions procedure.
9 sanctions shall be taken into account the following circumstances: to) the severity of the damages caused.
(b) the degree of intention, recklessness or negligence.
(c) the default demonstrated or disrespect to the organ competent during the processing of the record.
(d) the duration of the fact punishable.
(e) the repetition or the realization continued of the made punishable.
10. the resolutions that imposed sanctions for serious or very serious failures once firm in administrative proceedings, may be given to known to the authorities concerned, interested third parties and the population at large, using media that are considered appropriate.
11. sanctions of suspension of positions in the bosom of the General Council, regional councils or member Corporation of the General Council shall be communicated to the competent administrative authorities.
Article 63. Extinction of the responsibility disciplinary.
The disciplinary liability shall terminate: a) death of the accused.
(b) for compliance with the sanction.
(c) by prescription of infringements and sanctions.
(d) by agreement of the General Council.
Article 64. Prescription of infringements and sanctions.
(1. the offences prescribed: to) them mild, to them six months.
b) the serious, a year.
(c) the very serious, at age two.
2 sanctions prescribed: a) the mild, at six months.
b) the serious, a year.
(c) the very serious, at age two.
3. the infringements limitation periods shall commence from the Commission of the offence. The prescription is interrupted by any action express and manifest directed to investigate the alleged violation and with knowledge of the person concerned.
The terms of prescription of sanctions start counting from the day following that which you purchase firmness the resolution by which the sanction is imposed. The realization of any act of the General Council express and manifest of execution of the sanction will interrupt the period of limitation of the same.
4. the cancellation bears the cancellation of the sanctioning antecedent for all purposes. Annotations on the personal record of the offender of the penalties for the Commission of minor, serious and very serious misconduct will be cancelled, ex officio or upon request of a party, after the period of one year, in the case of penalties for minor misconduct; two years, in the case of the grave; and four in the of the very serious, counting from the day of enforcement or prescription of the sanction.
5. in cases of expulsion, the General Council may, at least, three years after the firmness of the sanction, agree rehabilitation of the outcast, so will have to initiate the appropriate record at the request of the same. The General Council, heard, in his case, the Regional Council or member Corporation of the General Council, will decide about the rehabilitation, in the in fact concurrent circumstances in the applicant.
Article 65. Procedure.
1. not may impose is punishment disciplinary some without prior record instructed to the effect, with arrangement to the procedure established in the present title.
In it not intended in this title will be applicable the regulation of the procedure for the exercise of the authority sanctioning, approved by the Royal Decree 1398 / 1993, of 4 of August.
2. the record disciplinary is start by agreement of the Board of Government, that shall appoint an Instructor between them members of the Board of Government of the Council General or of them corporations that form part of the Council General that have with more than ten years of exercise professional and that may adopt them measures of character provisional that are necessary for ensure it efficiency of it resolution that could fall the good end of the procedure, avoid the maintenance of the effects of the infringement and protect the general interest demands.
3. the procedure will be driven ex officio in all their activities. The Instructor will practice many tests and actions necessary for the determination and verification of the facts and responsibilities liable to sanction.
TITLE V other provisions article 66. Computation of time limits.
All deadlines indicated in these by-laws have been made in days, will be calculated in calendar days.
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