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Real Decree 289 / 2015, Of 17 Of April, By Which Is Creates And Is Regulates The Commission National For The Commemoration Of The Iv Centenary Of The Death Of Miguel Of Cervantes.

Original Language Title: Real Decreto 289/2015, de 17 de abril, por el que se crea y se regula la Comisión Nacional para la conmemoración del IV Centenario de la muerte de Miguel de Cervantes.

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TEXT

In the month of April 1616 died due to natural causes, at the age of 68, Miguel de Cervantes Saavedra, in his particular address belonging to today known as Casa de Cervantes, located in the corner between the León and Francos Madrid streets (current Leon and Cervantes streets), in the well-known Barrio de las Musas or Barrio de las Letras. A few days later he was buried in that same neighborhood of the Madrid of the Austrians, in the early Church of the then young Convent of the Trinitarian Descalzas of San Ildefonso.

Soldier, novelist, poet and Spanish playwright, Cervantes, is without a doubt one of the greatest exponents of the century of Spanish gold. World-renowned for his masterpiece, the ingenious gentleman Don Quixote of La Mancha-qualified by numerous specialists as the first modern novel-is still the author today, four centuries later, of one of the most edited novels, translated and known from the world literature.

But, beyond "El Quijote", Miguel de Cervantes, from which the IV Centenary of his death is celebrated in 2016, he is the author of a prolija and portentous literary work. Thus, along with the poetry of cervantina-remember the fair poetics that he won in Zaragoza or his "Journey to the Parnaso"-Miguel de Cervantes stands out above all as an author for his novelistic and playwright work. Thus, they are known, among his novels, "La Galatea", "The works of Missiles and Segismunda" and, of course, his exemplary Novels, whose complete relationship would be prolific to list. Suffice it to remember, as it shows, his works "Rinconete and Cortadillo", "The Bachelor Vidriera", "The illustrious scinone", or "The Colloquium of the Dogs", to name just a few. No less extensive is the theatrical work cervantina: not only did he write several entrees-"The altarpiece of wonders", "The shabby ruffian", "The careful guardian", "The old jealous", etc.-but also a considerable number of comedies, from among those For example, "The baths of Algiers", "The Spanish Gallardo", "The Great Sultana", "The Labyrinth of Love", or "Peter of Urdemalas".

For the purpose of celebrating the fourth centenary of the death of Miguel de Cervantes, it has been considered appropriate to constitute a National Commission, which is set up as an inter-ministerial collegiate body of the General Administration of the State, whose President has a rank superior to that of Director General, and whose creation must take the form of royal decree, in accordance with the provisions of Article 40 of Law 6/1997, of 14 April, Organization and the Functioning of the General Administration of the State.

On the other hand, it is evident that according to the fiftieth fourth provision of Law 36/2014, of December 26, of General State Budgets for the year 2015, the celebration of the " Fourth Centenary of the Death of Michael de Cervantes " has the consideration of an event of exceptional public interest for the purposes of the provisions of article 27 of Law 49/2002, of 23 December, of tax regime of the non-profit entities and of the incentives Tax on patronage. The duration of the programme of support for this event shall be from 1 January 2015 to 30 June 2017.

In its virtue, on the proposal of the Vice President of the Government and Minister of the Presidency and the Minister of Education, Culture and Sport, with the prior approval of the Minister of Finance and Public Administrations deliberation of the Council of Ministers at its meeting on 17 April 2015,

DISPONGO:

Article 1. Creation and attachment.

1. Under the Presidency of Honor of His Majesties the Kings, the National Commission is created for the commemoration of the "IV Centenary of the death of Miguel de Cervantes".

2. The Commission is attached to the Ministry of Education, Culture and Sport.

3. Without prejudice to the peculiarities provided for in this Royal Decree, the operation of the National Commission shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Conditions of Employment Public administrations and the Common Administrative Procedure.

Article 2. Finnish.

1. The National Commission for the Commemoration of the Fourth Centenary of the Death of Miguel de Cervantes aims to program, promote and coordinate the various activities carried out by the Public Administrations, public entities, and private, as well as private individuals participating in the celebration. In accordance with Article 27 of Law 49/2002 of 23 December on the taxation of non-profit-making entities and of tax incentives for sponsorship, the Commission is the body responsible for implementing the programme of support for the Celebration of the event of exceptional public interest.

2. The National Commission shall cease to perform its duties and shall be deemed to be extinguished after the duties it has entrusted to it, and in any event, before 31 December 2017.

Article 3. Composition.

The National Commission is structured in the following bodies:

1. The Presidency.

2. The First Vice-presidency.

3. The Second Vice-Presidency.

4. The Plenary Session.

5. The Executive Committee.

Article 4. The Presidency and the Vice-Presidencies.

1. The Presidency of the National Commission corresponds to the Vice-President of the Government and Minister of the Presidency.

2. These are the competencies of the Presidency of the National Commission:

a) Chair the plenary sessions.

b) Ostend the representation of the National Commission.

c) Agree on the convening of the plenary session and set the agenda.

(d) to appoint the Secretary of the Plenary Assembly and, where appropriate, his replacement, in the terms set out in Article 5.1 (f).

e) Name the President of the Executive Committee, in accordance with Article 6.2.

For the purpose of adopting agreements, the President's vote shall be settled in the event of a tie.

3. The First Deputy Presidency of the National Commission is the Minister of Education, Culture and Sport. The Second Vice-Presidency is for the Secretary of State for Culture.

4. In case of vacancy, absence, illness or other legal cause, the President shall be replaced by the Vice-Presidents, according to their order.

Article 5. The plenary session. Composition and functions.

1. The plenary session shall be composed of the following members:

a) Presidency of Honor: Your Majesties the Kings.

b) Presidency: the Vice-President of the Government and Minister of the Presidency.

c) First Vice Presidency: the Minister of Education, Culture and Sport.

d) Second Vice Presidency: the Secretary of State for Culture.

e) Vocalias:

1. The Undersecretary of the Ministry of Education, Culture and Sport.

2. A representative of the Ministry of the Presidency, with the rank of at least Director General or assimilated.

3. A representative of the Ministry of Foreign Affairs and Cooperation, with the rank of at least Director General or assimilated.

4. A representative of the Ministry of Finance and Public Administrations, with rank at least of Director General or assimilated.

5. A representative of the Ministry of Industry, Energy and Tourism, with the rank of at least Director General or assimilated.

6. A representative of the Generalitat of Catalonia.

7. A representative of the Autonomous Community of Andalusia.

8. A representative of the Autonomous Community of Aragon.

9. A representative of the Castilla-La Mancha Communities Board.

10. A representative of the Community of Madrid.

11. A representative of the Community of Castilla y León.

12. The Mayor of Alcala de Henares.

13. The Director General of Cultural Policy and Industries and the Book.

14. The Director General of Fine Arts and Cultural Property and Archives and Libraries.

15. º A representative of the National Library of Spain.

16. A representative of the National Prado Museum.

17. A representative of the Royal Spanish Academy.

18. A representative of the Cervantes Institute.

19. A representative of the State Society of Cultural Action, S.A.

In relation to vowels representatives of other public administrations, prior written communication of their acceptance shall be required in accordance with the provisions of Article 39.2 of Law 6/1997 of 14 April 1997. Organization and Operation of the General Administration of the State.

(f) The Secretariat shall be performed by an official of the Secretariat of State of Culture, proposed by its holder, who may also propose, where appropriate, a substitute for the Secretary for the vacancy, absence or disease.

2. It is for the plenary:

a) Approve the program of activities of the National Commission.

b) Monitor the execution of the activity program.

c) To seek the collaboration of other Public Administrations, public and private entities, as well as individuals for the fulfillment of their functions, objectives and projects.

d) Coordinate and support the activities of other Public Administrations, public and private entities, as well as individuals who consider appropriate for the commemoration of the IV Centenary of the death of Miguel de Cervantes.

e) Approve, on a proposal from the Executive Committee, the economic studies to determine the feasibility of the commemorative actions of the National Commission that are foreseen.

f) Appoint the members of the Executive Committee, up to a maximum of seven, on a proposal from the Presidency of the Plenary.

Article 6. The Executive Committee. Composition and functions.

1. The Executive Committee consists of a President, a Secretary, and a maximum of seven vowels.

2. The President of the Executive Committee shall be appointed by the Presidency of the plenary session of its members. It is for the Presidency of the Executive Committee to chair and agree on the convening of the meetings of the Executive Committee, as well as to set the agenda for them and to vote on the draws, for the purpose of adopting agreements.

3. The Secretariat of the Executive Committee, which shall act with a voice but without a vote, shall be the responsibility of the person holding the plenary session.

4. The members of the Executive Committee shall be appointed on behalf of the public administrations which are part of the plenary session, and may be members of the plenary session itself. The Ministry of Education, Culture and Sport and the Ministry of Finance and Public Administrations must be part of it.

5. They are the functions of the Executive Committee:

(a) Carry out the programmes of activities approved by the plenary, as well as any other tasks entrusted to it by this body.

b) Propose to the plenary, for approval, the economic studies to determine the feasibility of the commemorative actions of the National Commission that are foreseen.

(c) To ensure compliance with the agreements adopted by the plenary.

d) Develop projects in the programme of activities for their elevation to the plenary.

e) To certify the adequacy of the expenses made to the objectives and plans of the commemoration, given the consideration of the "IV Centenary of the death of Miguel de Cervantes" as an event of exceptional public interest to the the effects of Article 27.2.b) of Law 49/2002 of 23 December.

6. In order to obtain the certifications referred to in Article 27.2.b) of Law 49/2002 of 23 December, the interested parties shall submit an application to the Executive Committee.

The application may be filed in the form and places provided for in Article 38.4 of Law 30/1992, of November 26, as well as by electronic means, in accordance with the provisions of Law 11/2007, of June 22, Citizens ' electronic services to the Public Services, in the electronic headquarters of the Secretariat of State of Culture accessible in the electronic address http://www.mecd.gob.es. They shall then be referred to the Secretariat of the Body.

The deadline for submission of applications will be 15 days after the completion of the event support program.

The maximum period for certification by the Executive Committee shall be two months from the date on which the relevant application has entered the register of the competent body for the purposes of the resolve.

The resolution shall be issued by the Executive Committee, with the majority of its members and, in any case, the favorable vote of the representative of the Ministry of Finance and Public Administrations.

The computation of that time limit shall be suspended when the data subject is required to complete the documentation submitted, for the time that it mediates between the notification of the requirement and the submission of the required documentation.

After the period referred to in this Article without the person concerned having received an administrative request or notification concerning his application, the requirement of certification shall be deemed to be fulfilled, request from the Tax Administration the prior recognition of the tax benefit by providing a sealed copy of the application.

The certification, or the decision rejecting it, shall be issued by the collegiate body, exhaust the administrative route, and may be brought against the administrative-administrative appeal, without prejudice to the powers of the replacement, in accordance with the provisions of Articles 116 and 117 of Law 30/1992, of 26 November.

Article 7. Headquarters.

The National Commission for the Commemoration of the Fourth Centenary of the Death of Miguel de Cervantes, will be based in Madrid, at the headquarters of the Secretariat of State for Culture, without prejudice to the possibility of holding its meetings and activities in other places where appropriate.

Additional disposition first. Electronic means.

The National Commission for the Commemoration of IV Centenary of the Death of Miguel de Cervantes may be constituted and adopt agreements using electronic means as provided for in the first provision of the Law 11/2007, of June 22.

Additional provision second. No increase in expenditure.

1. All the charges of the National Commission shall be honorific, not receiving any remuneration for the performance of their duties.

2. The operation of the National Commission will not increase public expenditure. Its establishment and operation shall be carried out with the personal, technical and budgetary resources allocated to the Ministry of Education, Culture and Sport.

3. The institutions represented in the plenary session, as well as any other public, private or private entities, may make contributions or raise funds for the financing of the activities to be carried out.

Single end disposition. Entry into force.

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

Given in Madrid, on April 17, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON