Order Ess/183/2012, Of 3 February, By Which Powers Are Delegated Within The Scope Of The General Secretariat For Immigration And Emigration.

Original Language Title: Orden ESS/183/2012, de 3 de febrero, por la que se delegan competencias en el ámbito de la Secretaría General de Inmigración y Emigración.

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The first final provision of the Royal Decree 1823 / 2011, of 21 December, which is restructuring the ministerial departments, operates the abolition of the Ministry of labour and immigration and the Secretary of State for immigration and emigration. Thus, the Ministry of employment and Social Security passed to assume the powers hitherto exercised by the abolished Ministry of labour and immigration.

For its part, the Royal Decree 1887 / 2011, of 30 December, which establishes the basic ministerial departments organizational structure, provides for the existence of a General Secretariat for immigration and emigration, which depends on the General direction of migration, and suppressed the General directions for immigration, integration of immigrants, and the Spanish citizenship abroad.

Such normative texts have laid down a transitional regime aimed at maintaining the continuity of the service until such develops the basic organizational structure of the Department.

However, the restructuring has had an incidence particularly remarkable in them organs administrative of the area of migration, so them forecasts transitional on the order TIN / 2254 / 2011, of 28 of July, by which is delegate powers in them organs administrative of the Ministry of work e immigration and their agencies public dependent, not always allow a lace direct on them organs current. There are certain skills that legislation originally attributed to the higher bodies, so, abolished the Secretariat of State and created the General Secretariat as a governing body, it would seem appropriate to accompany that of specific provisions of delegation for this area, in order to facilitate the management and clarify jurisdictional distribution of application sort.

That is why, as laid down in articles 13 and 17 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in the available additional thirteenth of law 6/1997, of 14 April, organization and functioning of the General Administration of the State, and in article 20 of the Law 50/1997 , of 27 November, the Government, have: article 1. General Secretary of immigration and emigration.

Is delegated to the General Secretary of immigration and emigration of the following powers: 1. the celebration, in matters related to their field of action, cooperation agreements or similar instruments with public entities, private law natural or legal persons, as well as the approval and expenditure commitment, recognition of obligations and payments management proposal , except in the cases expressly delegated in other organs.

2. the celebration, on matters related to its scope, of charges of management and legal business analogues with public entities, as well as approval and expenditure commitment, recognition of obligations and payments management proposal, except in the cases expressly delegated in other organs.

3 recruitment, with the powers inherent in the contracting authority established in the current regulations, including approval and expenditure commitment, recognition of obligations and the proposal of management of payments, in matters within their competence, when the tender budget exceeds 1,000,000 euros, except in matters for which is the competence of the Secretariat.

Article 2. Director General of migrations.

Is delegated to the Director General of migrations of the following powers: 1. the celebration, in matters related to its area of action, including those related to the permanent immigration Observatory, of agreements of collaboration or similar instruments with public entities, private law natural or legal persons, as well as the approval and commitment of expenditure recognition of obligations and the proposal of management of payments, when the contribution of the Ministry or the amount of the obligations of economic content to assume does not exceed 900,000 euros, as well as those that do not involve the assumption of obligations of economic content.

2. the celebration, in matters related to the scope of performance, management charges and similar legal business with public entities, as well as the approval and expenditure commitment, recognition of obligations and payments management proposal, when the contribution of the Ministry or the amount of the obligations of economic content to assume does not exceed € 900,000.

3. the contracting powers inherent in the contracting authority established in the current regulations, including approval and expenditure commitment, recognition of obligations and the proposal of management of payments, in matters within their competence, including those related to the permanent immigration Observatory, when the tender budget does not exceed 1,000,000 euros except in the cases expressly delegated in the directors of the centres of migrations and except in matters for which is the competence of the Secretariat.

4. the granting of aid, subsidies and benefits established in matters inherent to their functional scope and other faculties inherent to the grantor administrative organ, and, where appropriate, approval and commitment of expenditure, the recognition of the obligations and the proposal of management of payments, except the powers delegated in this area by the directors and heads of section of work and immigration abroad.

Article 3. Advisors and heads of section of labour and immigration, overseas.

Is delegated in counselors and, in the same terms, in the heads of section of work and immigration which do not rely on an Advisor, the exercise of the jurisdiction of concession of the extraordinary overseas healthcare subsidies, subsidies for educational overseas promotion, subsidies to associations for operating expenses and subsidies for works and equipment in Spanish abroad centers established in the relevant programmes of action in favour of citizenship Spanish abroad, or who in general beneficiaries of subsidies are, in the amount that is determined in orders by which establish the regulatory bases for granting and, in its case, approval, expenditure commitment, recognition of obligations and payments charged to the beltways to justify approved by the competent authority.

Article 4. Directors of the centres of migration.

Is delegated to the directors of the centres of migration exercise the following powers: 1. recruitment, with the powers inherent to the contracting authority established in the current regulations, as well as the approval and expenditure commitment, recognition of obligations and the proposal of management of payments, within the appropriations allocated to the centers of migration (, with respect to the following types of contracts: a) works contracts, whose contract amount is less than € 50,000, excluding value added tax.

(b) contracts and supply, whose estimated contract value does not exceed 60,000 euros.

2. the adoption and spending commitment, recognition of obligations and payments in relation to the system of advances of fixed box, the exercise of the jurisdiction of issuance of accounting documents and many acts enable the replenishment in the justifications imprest accounts of fixed box, the approval of the support accounts and their referral to the Court of Auditors. All of this in relation to the functions of the centres of migration.

3. the granting of economic aid to the beneficiaries of the centers of migration, as well as the competition of the order of payment of them, processed with appropriations assigned by the procedure of payments to justify.

Provision additional unique. Substitutions.

In the event of vacancy, absence or illness of the holders of the executive organs, are replaced each other in the exercise of the powers delegated in the following terms: 1. will supply the General Director of migration to the Secretary General of immigration and emigration.

2. will supply to the Director General of migrations the Deputy Director General within whose field of action is place the corresponding competition according to the structure existing.

Provision repealing only. Scope of the exemption regulations.

It willing in it order TIN / 2254 / 2011, of 28 of July, by which is delegate competencies in them organs administrative of the Ministry of work and immigration and their agencies public dependent, will continue to producing effects as soon as not is oppose to it willing in this order, being repealed, in all case, them articles 15, 16, 17, 18 and 19.

Sole final provision. Entry in force.

The present order will enter in force the same day of its publication in the «Bulletin official of the State».

Madrid, 3 of February of 2012.-the Minister of employment and safety Social, Fátima Báñez Garcia.

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