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Resolution Of 24 February 2015, The General Direction Of Migration, Which Establish Norms For The Appointment Of Members Of The General Council Of The Spanish Citizenship Abroad.

Original Language Title: Resolución de 24 de febrero de 2015, de la Dirección General de Migraciones, por la que se establecen normas para la designación de miembros del Consejo General de la Ciudadanía Española en el Exterior.

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Article 10 of Law 40/2006, of 14 December, of the Statute of Spanish Citizenship Abroad, establishes that the General Council of Spanish Citizenship in the Foreign Affairs is an advisory and advisory body, under the Ministry of Employment and Social Security, through the Directorate-General for Migration, whose choice, composition and operating system will be regulated.

This regulatory development was carried out by Royal Decree 230/2008 of 15 February, which regulates the General Council of Spanish Citizenship in the Foreign Affairs, which provides for the election and appointment of the General Council of Spanish Citizenship. of the members, determining that the Spanish Residents ' Councils will elect up to a maximum of forty-three, with the distribution to be set by the Ministry of Employment and Social Security, in proportion to the number of Spaniards registered in the Electoral census of residents abroad (CERA) of each country. It also points out that, by means of a decision of the holder of the Directorate-General for Migration, the rules for the appointment of the members of the Council shall be laid down within a maximum of two months from the date of the end of the term of office. previous.

The Ministry of Foreign Affairs and Cooperation in accordance with the provisions of Article 11.1 of Royal Decree 1960/2009 of 18 December 2009 on the Councils of Spanish Residents in the Foreign Affairs, Order AEC/2172/2010, of 13 July, which regulates the constitution, election and functioning of the Councils of Spanish Residents Abroad, in which it is foreseen that in the event of no submission of lists or non-admission of those presented in a first call, a new electoral call is made after the deadline of six months.

The V Mandate of the General Council of Spanish Citizenship Abroad was completed two electoral processes, regulated in accordance with the provisions of the Resolutions of 23 November 2011 and 13 July 2012, of the Directorate General of Spanish Citizenship in the Foreign and General Directorate of Migration, respectively, with the result of the election of thirty-eight Councillors.

In the course of the second electoral process indicated, the call was made for the election of a second Counselor in the United States dated August 12, 2012. In the absence of a quorum in the above call, the election and appointment could not be carried out, and the second position of Counsellor for this country remains vacant.

On the other hand, the representation of Morocco is also vacant in the General Council, a country in which a single CRE is established in Tangier.

This Directorate General considers it necessary to proceed to the election of the members who can fill the vacancies described above, in order to be correctly represented in the General Council of the Spanish residents in both countries.

By virtue of the above, this Directorate General of Migration, in accordance with the Spanish Directorate General for Foreign Affairs, Consular and Migration Affairs, has:

Article 1. Conclusion of the third electoral process.

1. This Resolution sets out the rules for the designation of general advisers of Spanish citizenship abroad, in accordance with the procedure laid down in the Resolution of 23 November 2011, of the Directorate-General for the Spanish citizenship on the outside, laying down the rules for the appointment of members of the advisory body, in the following countries:

United States of America: 1 Counsellor.

Morocco: 1 Counsellor.

2. In this new electoral process, all the members of the CREs who are constituted in those countries shall be eligible, proceeding in all other respects as set out in the aforementioned Resolution of 23 November 2011.

3. The implementation of this third electoral process for the appointment of general advisers may in no case be subject to revision of the designations of general advisers according to the outcome of the first or second electoral process.

Article 2. Call for elections.

1. The Ambassador of Spain, heard the Councils of Spanish Residents, will call the elections through the Heads of Consular Office of all the demarcations in which these CREs are constituted.

2. The Embassy will provide the local to carry out the meeting, as well as the necessary technical support.

3. The elections to the General Council of Spanish Citizenship in the Foreign Affairs will be held before March 31, 2015.

Article 3. Electoral College.

1. The Electoral College shall be composed of all the members of the CRE constituted in each of the countries.

2. The Electoral College shall be considered validly constituted when one or more of the members are present.

3. On the day of the elections, the Ambassador of Spain, or diplomatic official in whom the members of the relevant CRE delegates, will preside over the constitution of the Electoral College.

4. The Head of the Consular Office of the Demarcation in which the elections are held, as well as the Deputy Consul, if any, may participate in the electoral process as observers.

5. The Minister for Employment and Social Security, or in his absence the Head of the Section for Employment and Social Security, shall act as Secretary of the Electoral Session. In those countries where the latter do not exist, an official appointed by the Head of the Consular Office shall act as Secretary.

Article 4. Submission of nominations.

1. The Electoral College, the nomination of candidates and the election of the Directors will take place in a single act.

2. A single list will be made that includes all candidates sorted alphabetically.

3. In order to ensure the choice of both incumbent and alternate members, the list shall be composed of at least twice as many candidates as the number of incumbent members to be elected.

4. The composition of the list of candidates shall ensure non-discrimination on grounds of gender and the principle of a balanced composition shall be applied in such a way as to contain, as far as possible, a minimum of 40% of persons. of each sex.

5. The alphabetical list of candidates will be made to read the same to the members of the Electoral College.

6. Next, and in the order that you put in the list, each of the candidates will have the opportunity to defend, briefly, their candidacy.

7. If the interventions are completed, the session will be interrupted for a period of time, not exceeding one hour, which the Electoral College will determine as a period of reflection.

Article 5. Election table, vote and scrutiny.

1. The electoral bureau shall be composed of the member of the oldest Electoral College who is not a candidate, who will act as President, and the youngest who is not a candidate, who will act as Secretary.

2. Each voter will be able to vote for any of the candidates on the electoral list. Where there is a position of Counsellor to be filled, each ballot shall contain at most the name of two candidates.

3. All electors who make up the Electoral College may exercise the right to vote, depositing the ballots in the ballot box installed for the purpose.

4. The Secretary of the Bureau shall check the inclusion of the voters in the College and shall leave it on record in the relation of voters as well as their electoral participation.

5. After the vote, the vote will be counted and the President will carry out the public recount of the votes.

6. The voting record to be signed by the President and the Secretary shall then be lifted, giving the Ambassador of Spain or the Authority who, by delegation, is represented to be transferred to the Secretariat of the General Council of Spanish Citizenship Abroad.

7. Ballots containing the name of persons not appearing on the list of candidates or containing more names than those of which the choice is to be made in accordance with paragraph 2 shall be declared null and void.

8. Candidates who obtain the highest number of votes and as alternate members shall be elected as the right holders. In case of a tie the designation shall be settled by lot.

Article 6. Conduct of the voting process by videoconferencing systems.

1. In those countries where there is more than one CRE, the technical and human resources of the consular posts to which they are attached may be used, and the heads of such consular offices and the other heads of the consular posts shall be able to agree to the members of the CREs, a simultaneous video conference voting system, through which the process described in the previous articles is developed.

2. In order to ensure the unified nature of the said process and its adjustment to the requirements of this Resolution, officials should be appointed who, in addition to the provisions of Article 3, are present in the meeting of each CRE and vouch for its development and the results of the election held.

Article 7. Proclamation of elected candidates.

By Order of the Ministry of Employment and Social Security shall be proclaimed the elected candidates who have obtained the highest number of votes as the right holders and as alternate members who follow them in the number of votes.

Article 8. Complaints.

The Directorate General of Migration will resolve the complaints raised during the electoral process.

Article 9. Necessary means and economic compensation.

For the development of the electoral process, the Secretariat of the General Council of Spanish Citizenship Abroad will provide the following means:

1. Voters who are obliged to travel to participate in the process shall be entitled to reimbursement of the costs of travel, accommodation and maintenance which are caused to them, from the budget of the Directorate-General of Migrations and the terms that you are setting.

2. The Employment and Social Security Advisers will provide the documentary support and support needed to carry out the entire electoral process.

Final disposition first. Entry into force.

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

Madrid, February 24, 2015. -Director General of Migration, Aurelio Miras Portugal.