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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7372

The Spanish Constitution of 1978, in its article 103 establishes that the public administration must act in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with the subjection to the law and to the right.

Under these principles and pursuant to the procedure established to the amparo of the article 13 of the law 30 / 1992, of 26 of November, and of the available additional thirteenth of the law 6 / 1997, of 14 of April; on November 28, 2013 was published in the «official journal of Galicia» resolution on November 13, 2013, by which the Government delegate in Galicia delegate the exercise of certain powers in favour of the Government's sub-delegates and holders of other organs.

From that date, is have produced important variations policy, referred mainly to the then existing law 23 / 1992, of 30 of July, of Security private, today replaced by the law 5 / 2014, of Security private, posted in the BOE of 5 of April of 2014, and to it law organic 1 / 1992, of protection of security citizen, replaced by the new law organic 4 / 2015 30 March, protection of public safety, published in the official Gazette on 31 March 2015.

In addition, amended the law 3/2001, 26 March, maritime fishing from the State, and has been repealed the Royal Decree 747/2008, of 9 may, establishing the regulation of the sanction regime of maritime fishing in foreign waters, which has been replaced by the Royal Decree 182/2015, 13 March, published in the official Gazette of March 14, 2015 , by which is approves the rules of procedure of the regime sanctioning in matter of fishing maritime in waters foreign.

These developments have determined the need to update the delegation of powers in November 2013, for which purpose is dictates this resolution amending certain sections of the aforementioned.

Under it exposed and of conformity with it willing in the article 13 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common, and in the available additional thirteenth of the law 6 / 1997, of 14 of April, of organization and operation of the Administration General of the State , I resolve: first. Modify the paragraphs first 2.1; 3.1 and 3.2 resolution on November 13, 2013, by which the Government delegate in Galicia delegate the exercise of certain powers in favour of the Sub-delegates of the Government and the holders of other bodies: one. Section 2.1 is worded as follows: «the first.-are delegated on the Government sub-delegates in A Coruña, Lugo, Ourense and Pontevedra the following powers within their respective territorial scope: 2. in terms of sanctioning.»

«2.1 them powers sanction attributed to them delegates of the Government in the law organic 4 / 2015, of 30 of March, of protection of the safety citizen, and the law 5 / 2014, of 4 of April, of Security private.»

Two. Paragraphs 3.1 and 3.2 shall have the following wording: «first. Are delegated on the Government sub-delegates in A Coruña, Lugo, Ourense and Pontevedra the following powers within their respective territorial scope: 3. safety: 3.1 resolution prohibition or modification of the date, place, duration or itinerary of meetings or demonstrations (article 10 of law 9/1983, of 15 July, regulating the right of meeting) , as well as the adoption of measures for the maintenance or the restoration of it security citizen in meetings and manifestations to is concerns the article 23 of the law organic 4 / 2015, of 30 of March, of protection of the security citizen.

3.2. the adoption of measures to ensure the peaceful holding of shows public, in particular, the prohibition and, in case of being held, suspension of shows and recreational activities where there is a certain risk for people and goods, or they appear or will provide for serious disturbances of public safety (article 27 of law 4/2015, 30 March «(, of protection of the security citizen, and in the article 2 and available additional of the Act 10 / 1991, of 4 of April, of powers administrative in matter of shows bullfighting).»

Second. Modify the paragraph second of it resolution of 13 of November of 2013, by which the delegate of the Government in Galicia delegates the exercise of certain skills in favor of them officers by sub-delegation of the Government and of them holders of others organs, being drafted in the following terms: «second.-is delegates in them officers by sub-delegation of the Government in them provinces of to Coruña» , Lugo and Pontevedra, in their respective territorial areas: competences that maritime of the State fisheries attributed to the delegate of the Government Law 3/2001, of 26 March, maritime fishing from the State, as well as the Royal Decree 182/2015, of 13 March, which approves the rules of procedure of the penalties in the field of fishing in foreign waters (, that then relate: to) the adoption of provisional measures, as well as confirmation, modification or lifting them over the term and terms provided for in the Act.

(b) the adoption of start agreements, and if's not home, of disciplinary proceedings for serious or very serious fisheries infringements.

(c) the imposition of penalties for minor offences".

Third party. Legal regime.

1. the delegation of powers agreed does not imply the transfer of ownership from the competition but only pursuit.

2. whenever you make use of delegation granted in this resolution shall indicate expressly this circumstance and resolutions taken are considered to be dictated by the delegating body.

3. the delegation shall be revocable at any time, and cannot be delegated the powers conferred on it.

4. the competencies delegated by means of the present resolution may be object of certiorari in any time by the organ delegating, of conformity with it established in the article 14 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and procedure administrative common.

Room. Modification.

Starting from its entry in force, the new drafting of them indicated paragraphs replaced the drafting initial of them themselves in the resolution of 13 of November of 2013, posted in the «daily official of Galicia» of date 28 of November of 2013.

Fifth. Publication and entry into force.

The present resolution is published in the «newsletter official of State» and will enter in force from the day next to his publication.

A Coruña, 29 of June of 2015.-the delegate of the Government in the community autonomous of Galicia, Santiago Villanueva Alvarez.