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Article 4(2) of the law 2/1974, February 14, on professional associations, established that the merger, absorption, segregation, name change and dissolution of the professional associations of the same profession will be promoted by schools themselves, in accordance with their respective statutes. However, the current statutes General of the College official of Telecommunication engineers approved by Royal decree 261/2002, of 8 March, do not contain any provision governing its eventual transformation into a multiple structure College. It present reform aims to, just, colmar this vacuum including a new chapter in which is adjust the corresponding procedure of segregation of a demarcation territorial of the College only State as step prior to its eventual transformation in a College of structure multiple as well as adapt fully its content to the sentence of the Court constitutional 201 / 2013, of 5 of December of 2013 – with respect to the appeal of unconstitutionality 8434-2006 interposed in relation with various precepts of the law of the Parliament of Catalonia 7/2006 of 31 May of the year titled professions and professional bodies, in connection with article 125 of the organic law 6/2006, of July 19, reform of the Statute of autonomy of Catalonia.
In this sentence, the Court constitutional declares partially unconstitutional it available transient fifth of the law 7 / 2006, of 31 of mayo, of the Parliament of Catalonia, of the exercise of them professions titled and of them schools professional, that contemplated a process of segregation of them delegations Catalan of the College only State and failure precisely that because of that affects to a school of field State This process will have to fit to the organizational standards applicable to State schools, specifically stated in article 4.2 of the law 2/1974, 13 February. In accordance with the ruling of the Constitutional Court (F.J.10): organizational structure which is adjusted every professional college is a matter which is part of the autonomy of decision corresponding to the own professional and be carried out in accordance with the procedure laid down in the legislation which applies, on the basis of the territorial scope of the College concerned. In the case that concerns us, and precisely because of that affects a State-level school, this process will have to fit in the organizational standards applicable to State schools, specifically stated in article 4.2 of the law 2/1974, 13 February.
This Royal Decree is dictates to the amparo of the competition that the article 149.1.18. th of it Constitution attributed to the State and of conformity with it established in the article 6.2 of the law 2 / 1974, of 13 of February.
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 27 of March of 2015, HAVE: article first. Modification of Real decree 261/2002, of 8 March, laying down the statutes General of the College official of Telecommunication engineers.
The Real decree 261/2002, of 8 March, laying down the statutes General of the College official of Telecommunication engineers, is modified as follows: one. Modifies the first final provision, which becomes sole additional provision with the following wording: «sole additional provision. Scope territorial of the College.
The territorial scope of the school official of Telecommunication engineers established in article 3 of the statutes is understood without prejudice that may result after the process of segregation of one or more territorial demarcations and its subsequent incorporation in independent college.»
Two. Becomes the second final disposition as sole final provision.
Second article. Modification of the statutes General of the official Engineers Association of telecommunications the statutes General of the College official of Telecommunication engineers, approved by Royal decree 261/2002, of 8 March, are modified as follows: one. The article 3 is worded as follows: «article 3.» Personal and territorial scope.
1. the Colegio Oficial de Ingenieros de Telecomunicación group to those who hold the degree legally required for the practice of the profession of engineer of telecommunication in the terms provided for in article 6. Also it will group those other persons referred to in chapter II of these bylaws in the terms laid down therein.
2. the scope of the official school of Telecommunication engineers is State having as a fundamental principle of its territorial organisation unit collegiate, compatible with the autonomy of their bodies in the different territorial demarcations and solidarity between all of them, without prejudice to the provisions of the sole additional provision of the Royal Decree of approval of these general statutes."
Two. Paragraph 1 of article 19 is worded as follows: ' 1. the College, for better development, performance and fulfilment of its purposes, is territorially organized into territorial demarcations.»
Three. Add a new chapter XI with the following wording: «CHAPTER XI of the segregation of territorial demarcations article 78.» Segregation.
1. the territorial demarcations of the Colegio de Ingenieros de Telecomunicación, constituted pursuant to the provisions of article 21 of the general statutes, and the terms that procedure is carried out in the general regulation of internal regime, will urge its segregation of the only College to constitute an independent professional school.
2. for this purpose, the Board of Government territorial, to request of, unless, it half of them collegiate attached to it demarcation territorial, will convene a session extraordinary of the Assembly territorial for submit it proposed of segregation to the decision of them collegiate and approve a protocol of segregation. Both the proposal and the Protocol, whose content will develop the general interior of the school regime regulations, must be collected at least the following ends: to) supporting memory, expression of the reasons therefor the need and desirability of the establishment of the new professional college;
(b) economic feasibility study of new creation, with delineation of the rights and obligations of both the existing Corporation economic and patrimonial that correspond to each one of them; and (c) notary undertaking all proponents face economic burdens resulting from segregation.
3. it session extraordinary of the Assembly territorial will require for its valid Constitution it concurrency, between present and represented, of, at least, the half of them collegiate attached to it demarcation territorial, in only call. Adopting the unique school segregation accord will require the vote of two-thirds of the attendees.
4 adopted by the territorial Assembly the segregation proposal will be forwarded to the Board of Government of the College which will require the prior report of the School Board.
5. Subsequently, the Governing Board shall convene a special session of the General Assembly of members which shall take a decision on the segregation by the territorial demarcation by verifying that the terms and conditions of the agreement are in accordance with provisions in the general statutes and, where appropriate, in the general regulations of the regime inside. General Assembly may oppose the proposal of segregation for reasons of legality, formal or material, or because of noticeable harm to the interests of the Corporation, in particular of heritage character, expressing in any case the reasons on which its opposition is based.
6. the agreement was adopted by the General Assembly of the College on the request of segregation of a territorial demarcation shall be communicated to the Ministry of allegiance, with relocation of the dossier instructed by the Corporation, for approval, where appropriate, by the Government, in accordance with the provisions of article 4.2 of the law 2/1974, 13 February «, on professional associations.»
Available end first. Title competence.
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. Entry into force.
This Royal Decree and the modification of the statutes General of the College official of Telecommunication engineers which is approved shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, the 27 of March of 2015.
The Minister of industry, energy and tourism, JOSE MANUEL SORIA LOPEZ
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