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Resolution Of 29 June 2015, The Delegation Of The Government In The Autonomous Region Of Galicia, Which Modifies The One Of November 13, 2013, On Delegation Of Powers.

Original Language Title: Resolución de 29 de junio de 2015, de la Delegación del Gobierno en la Comunidad Autónoma de Galicia, por la que se modifica la de 13 de noviembre de 2013, sobre delegación de competencias.

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TEXT

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

By virtue of these principles and in accordance with the procedure laid down pursuant to Article 13 of Law No 30/1992 of 26 November 1992 and of the additional provision of Law 6/1997 of 14 April 1997; 2013 was published in the "Official Journal of Galicia", the Resolution of 13 November 2013, whereby the Government Delegate in Galicia delegates the exercise of certain powers to the Subdelegates of the Government and the holders of other organs.

Since that date, there have been important normative variations, mainly regarding the then current Law 23/1992, of July 30, of Private Security, today replaced by Law 5/2014, of Private Security, published in the BOE of 5 April 2014, and the Organic Law 1/1992, of Protection of Citizen Security, replaced by the new Organic Law 4/2015, of March 30, of Protection of Citizen Security, published in the BOE on March 31, 2015.

In addition, the Law 3/2001, of March 26, of the Maritime Fisheries of the State, has been amended, and the Royal Decree 747/2008 has been repealed, of May 9, which establishes the regulation of the system of sanctioning in matter of marine fishing in waters The Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State

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These developments have determined the need to update the delegation of powers of November 2013, to the effect of which this Resolution is dictated that modifies certain paragraphs of the precisited one.

By virtue of the foregoing and in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in the provision Additional thirteenth of Law 6/1997, of 14 April, of Organization and Functioning of the General Administration of the State, resolute:

First. Amend paragraphs 1 2.1; 3.1 and 3.2 of the Resolution of 13 November 2013, whereby the Government Delegate in Galicia delegates the exercise of certain powers to the Subdelegates of the Government and to the holders of other Organs:

One. Section 2.1 is worded as follows:

" First. -They are delegated to the Subdelegates of the Government in A Coruña, Lugo, Ourense and Pontevedra the following competences in their respective territorial scope:

2. With regard to sanctioning powers.

2.1 The sanctioning powers attributed to the Government Delegates in the Organic Law 4/2015, of March 30, of Protection of Citizen Security, and Law 5/2014, of April 4, of Private Security. "

Two. Paragraphs 3.1 and 3.2 shall be worded as follows:

" First. The following powers are delegated to the Government Subdelegates in A Coruña, Lugo, Ourense and Pontevedra in their respective territorial scope:

3. On security:

3.1 Resolution of the prohibition or modification of the date, place, duration or itinerary of the meetings or demonstrations (Article 10 of the Organic Law 9/1983, of July 15, regulatory of the Law of Reunion), as well as the adoption of measures for the maintenance or restoration of citizen security at meetings and demonstrations referred to in Article 23 of the Organic Law 4/2015 of 30 March on the Protection of Citizen Security.

3.2 The adoption of measures to ensure the peaceful conduct of public spectacles, in particular the prohibition and, in the event of being held, suspension of spectacles and recreational activities where there is a danger certain persons and property, or serious changes in the security of the citizen (article 27 of the Organic Law 4/2015, of March 30, of Protection of Citizen Security, and in Article 2 and additional provision of the Law). 10/1991, of 4 April, of administrative powers in the field of bullfighting). '

Second. Amend the second paragraph of the Resolution of 13 November 2013, whereby the Government Delegate in Galicia delegates the exercise of certain powers in favour of the Government Subdelegates and the holders of other bodies, drafted in the following terms:

" Second. -It is delegated to the Subdelegates of the Government in the provinces of A Coruña, Lugo and Pontevedra, in their respective territorial areas:

The powers that in the matter of maritime fishing of the State attribute to the Government Delegate the Law 3/2001, of March 26, of the Maritime Fisheries of the State, as well as the Royal Decree 182/2015, of March 13, for which it is approved the Rules of Procedure of the sanctioning regime for sea fishing in external waters, which are listed below:

(a) The adoption of provisional measures, as well as the confirmation, modification or lifting thereof within the period and terms provided for in that Law.

(b) The adoption of commencement agreements, and in their case of non-initiation, of sanctioning files for serious or very serious violations in the field of sea fishing.

c) The imposition of penalties for minor infractions. "

Third. Legal regime.

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

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

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

4. The powers delegated by this Resolution may at any time be the subject of an endorsement by the delegating body, in accordance with Article 14 of Law No 30/1992 of 26 November 1992 on the legal system of Public Administrations and Common Administrative Procedure.

Fourth. Modification.

As of its entry into force, the new wording of the above mentioned paragraphs will replace the initial wording of the same in the Resolution of 13 November 2013, published in the "Official Journal of Galicia" dated 28 January 2013. November 2013.

Fifth. Publication and entry into force.

This Resolution shall be published in the "Official State Gazette" and shall enter into force from the day following its publication.

A Coruña, June 29, 2015. -Government Delegate in the Autonomous Community of Galicia, Santiago Villanueva Alvarez.