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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4393

In the month of April, 1616, died of natural causes, at 68 years of age, Miguel de Cervantes Saavedra, in his private residence belonging to now known as Casa de Cervantes, situated in the corner between the Madrid streets León y francs (current León and Cervantes streets), in the famous neighbourhood of the muses or Barrio de las Letras. A few days later he was buried in the same neighborhood of the Madrid de los Austrias, in the primitive Church of the then young convent of the Trinitarias Descalzas de San Ildefonso.

Soldier, novelist, poet and dramatist Spanish, Cervantes, is without a doubt one of the greatest exponents of the Spanish golden age. Worldwide known by his work master, the ingenious hidalgo knight Don Quixote of the stain-qualified by numerous specialists as the first novel modern-, is author still today, four centuries after, of an of them novels more edited, translated and known of the literature world.

But, more beyond of «the Quixote», Miguel of Cervantes, of which is held in 2016 the IV centenary of his death, is author of a neat and prodigious work literary. So, next to the poetry Cervantes-remember is them fair poetic that won in Zaragoza or its «travel to the Parnassus»-, Miguel of Cervantes stands out especially as author by his work novelistic and dramaturgical. So «The works of Persiles and Segismunda» are known among his novels, «La Galatea», and, of course, his exemplary novels, whose complete list would be neat list. Suffice it to recall, as shown, his works «Rinconete y Cortadillo», «The Licentiate Vidriera», «Illustrious MOP», or «The Symposium of dogs», just to mention some. Not less extensive is it work theatrical Cervantes: not only wrote different hors d'oeuvres-«the altarpiece of them wonders», «the ruffian widower», «it keeps careful», «the old jealous», etc.-, but also a number considerable of comedies, among which fits quote, to title of example, «them baths of Algiers», «the gallardo Spanish», «the great sultana», «the labyrinth of love», or «Pedro of Urdemalas».

In order to celebrate the IV centenary of the death of Miguel de Cervantes, it was considered timely to set up a National Commission, which is configured as an inter-ministerial College of the General Administration of the State, whose President is senior to the Director-General, and whose creation should take the form of a Royal Decree, in accordance with the provisions of article 40 of Act 6/1997 April 14, organization and functioning of the General Administration of the State.

Moreover, is puts of manifesto that according to the available fifty fourth of it law 36 / 2014, of 26 of December, of budgets General of the State for the year 2015, the celebration of the «IV centenary of the death of Miguel of Cervantes» has it consideration of event of exceptional interest public to them effects of it willing in the article 27 of the law 49 / 2002 23 December, tax regime of non-profit entities and tax incentives to sponsorship. The duration of the program of support to this event will cover from the 1 of January of 2015 until the 30 of June of 2017.

In his virtue, to proposal of the Vice President of the Government and Minister of the Presidency and of the Minister of education, culture and sport, with it approval prior of the Minister of Hacienda and administrations public and prior deliberation of the Council of Ministers in its meeting of the day 17 of April of 2015, HAVE: article 1. Creation and assignment.

1. under the Presidency of honour of their Majesties the Kings, creates the National Commission 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 characteristics provided for in the present Royal Decree, the functioning of the National Commission shall be subject to the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Article 2. Purposes.

1. National Commission for the commemoration of the IV centenary of the death of Miguel de Cervantes aims to set, promote and coordinate the various activities that are carried out by the public administrations, public and private entities, as well as by individuals involved in the celebration. Of conformity with the article 27 of the law 49 / 2002, of 23 of December, of regime fiscal of them entities without purposes lucrative and of them incentives tax to the patronage, the Commission is the organ responsible of the execution of the program of support to the celebration of the event of exceptional interest public.

2. the National Commission will cease to perform their functions and shall be deemed extinguished once fulfilled the functions assigned, and in any case before December 31, 2017.

Article 3. Composition.

The National Commission is structured in the following bodies: 1. the Presidency.

2. the vice-chairmanship.

3. the second Vice-Presidency.

4. the full.

5. the Executive Committee.

Article 4. The Chair and the Vice Chairs.

1. Presidency of the Commission national corresponds to the Vice President of the Government and Minister of the Presidency.

2 are powers of the Presidency of the National Commission: to) chair the plenary sessions.

(b) to represent the National Commission.

(c) remember the call of the House and set the order of the day.

((d) to appoint the Secretary of the plenary and, where appropriate, to his replacement, in the terms set out in article 5(1) f).

(e) appoint the Chairman of the Executive Committee, in accordance with article 6(2).

For the purpose of adopting agreements, the vote of the President shall be casting in case of tie.

3. the first National Commission Vice-Chair corresponds to the Minister of education, culture and sport. The second vice-chairmanship corresponds to the Secretary of State for culture.

4. in case of vacant, absence, disease or other cause legal, the President will be replaced by them Vice-Presidents, according to your order.

Article 5. The full. Composition and functions.

(1. the full will be integrated by the following members: to) Presidency of Honor: their Majesties the Kings.

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

(c) Vice President first: the Minister of education, culture and sport.

(d) Vice President second: the Secretary of State of culture.

(e) members: 1 the Undersecretary of the Ministry of education, culture and sport.

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

3 a representative of the Ministry of Foreign Affairs and cooperation, with the rank of Director-General at least or assimilated.

4th a representative of the Ministry of Hacienda and administrations public, with range at least of Director General or assimilated.

5 a representative of the Ministry of industry, energy and tourism, with range at least of Director General or assimilated.

6 a representative the Generalitat of Catalonia.

7th a representative of the community autonomous of Andalusia.

8th a representative of the community autonomous of Aragon.

9th a representative of the Board of communities of Castile-the spot.

10th Un representative of the community of Madrid.

11. º a representative of the community of Castile and León.

12th the Mayor of Alcala de Henares.

13.º the Director General of policy and cultural industries and the book.

14.º the Director General of fine arts and cultural assets and archives and libraries.

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

A representative of the National Museum of the Prado 16th.

17th a representative of the Spanish Royal Academy.

18.º a representative of the Instituto Cervantes.

19th a representative of the State society for Cultural Action, S.A.

In relation to vocal representatives of public administrations, will require prior notice in writing of its acceptance, in accordance with the provisions of article 39.2 of the law 6/1997, of 14 April, of organization and functioning of the General Administration of the State.

(f) the secretariat will be played by an official of the Ministry of culture, proposed by its owner, who may propose, if necessary, a substitute for the Secretary for cases of vacancy, absence or illness.

2 corresponds to the plenary: to) adopt the programme of activities of the National Commission.

(b) oversee the implementation of the programme of activities.

(c) seek the collaboration of other administrations public, entities public and private, as well as of particular for the compliance of their functions, objectives and projects.

(d) coordinate and support the activities of others administrations public, entities public and private, as well as of particular that deems appropriate for the commemoration of the IV centenary of the death of Miguel of Cervantes.

(e) approve, to proposal of the Commission Executive, them studies economic for determine the viability of them performances commemorative of the Commission national that is provide.

(f) appoint to them vocal of the Commission Executive, to a maximum of seven, to proposal of the Presidency of the full.

Article 6. The Commission Executive. Composition and functions.

1. Commission Executive is formed by a President, a Secretary, and a maximum of seven vowels.


2. the President of the Executive Committee shall be appointed by the Chair of the plenary from among its members. It corresponds to the Presidency of the Executive Commission preside over and remember the call sessions of the Executive Committee, as well as set the agenda thereof and vote settle ties, for the purpose of adopting agreements.

3. the Secretariat of the Commission Executive, that will act with voice but without vote, will correspond to the person that exercise the Secretariat of the full.

4. the members of the Executive Committee shall be appointed on behalf of the public administrations that are part of the House, and may fall in the own House members. Must form part of the same, in any case, the Ministry of education, culture and sport and the Ministry of Hacienda and administrations public.

(5. are functions of the Commission Executive: to) carry to out them programs of activities approved by the full, as well as any other committed that you arrange by this organ.

(b) propose to the full, for your approval, them studies economic to determine the viability of them performances commemorative of the Commission national that is provide.

(c) ensure the implementation of the agreements adopted by the plenary.

(d) drafting of the programme of activities for his elevation to the House.

((e) certify the adequacy of expenditures made to the objectives and plans of the commemoration, due consideration of the «IV centenary of the death of Miguel de Cervantes' as event of exceptional public interest for the purposes of article 27.2. b) of law 49/2002, of 23 December.

(6. for the obtaining of them certifications to which makes reference the article 27.2. b) of the law 49 / 2002, of 23 of December, them interested must present a request to the Commission Executive.

The request may be made in the form and places referred to 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 22 June, electronic access of citizens to public services, in the electronic office of the Secretary of State of culture accessible at the address http://www.mecd.gob.es. Later will be sent to the Secretariat of the organ.

The deadline for the submission of requests ends 15 days after completion of the program of support to the event.

The maximum period in which certifications by the Executive Committee must be notified shall be two months from the date on which the request became entry in the register of the competent body to resolve.

The resolution will be issued by the Commission Executive, being necessary for its estimation the most of their members and, in all case, the vote favorable of the representative of the Ministry of Hacienda and administrations public.

The computation of the period will be suspended when the person concerned to complete the documentation submitted, by the time that mediate between the notification of the request and the presentation of the required documentation.

Elapsed the term to is concerns this article without the interested has received requirement or notification administrative about its application, is means fulfilled the requirement of it certification, can the interested request of it administration tax the recognition prior of the benefit fiscal providing a copy sealed of the request.

It certification, or the resolution that it denied, will be issued by the organ collegiate, popping it via administrative, and against the same may lodged is resource contentious, without prejudice of the resource optional of replacement, in accordance with it willing in them articles 116 and 117 of the law 30 / 1992, of 26 of November.

Article 7. Headquarters.

The National Commission for the commemoration of the IV centenary of the death of Miguel de Cervantes, will be headquartered in Madrid, at the headquarters of the Ministry of culture, without prejudice that is to celebrate its meetings and activities in other places where it is so timely.

First additional provision. Electronic media.

The National Commission for the commemoration of the IV centenary of the death of Miguel de Cervantes may become and adopt agreements by electronic means in accordance with the provisions in the first additional provision of law 11/2007, of 22 June.

Provision additional second. Not increasing spending.

1. all the charges of the National Commission have honorific, not receiving any payment for the exercise of its functions.

2. the functioning of the National Commission does not imply any spending increase. Its creation and operation will be handled with the personal, technical and budgetary resources allocated to the Ministry of education, culture and sport.

3. the institutions represented in the plenary, as well as any other public, private entities or individuals, can make contributions or raise funds for the financing of activities to be developed.

Sole final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on April 17, 2015.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON