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Resolution Of November 23, 2011, In The General Direction Of The Spanish Citizenship Abroad, Which Establish Norms For The Appointment Of Members Of The General Council Of The Spanish Citizenship Abroad.

Original Language Title: Resolución de 23 de noviembre de 2011, de la Dirección General de la Ciudadanía Española en el Exterior, 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 Labour and Immigration, through the Directorate General of Spanish Citizenship at the Foreign Office whose election, 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 Labor and Immigration, in proportion to the number of Spaniards registered in the Census Foreign residents (CERA) of each country. It also points out that, by means of a decision of the holder of the Directorate-General for Spanish Citizenship Abroad, the rules for the appointment of the members of the Council shall be laid down within the maximum period of two months from the date of end of the previous command.

For its part, the Ministry of Foreign Affairs and Cooperation under the mandate of Article 11.1 of Royal Decree 1960/2009 of 18 December 2009, which regulates the Spanish Residents ' Councils, has issued the Order AEC/2172/2010 of 13 July, which includes the normative development of the electoral procedure applicable to them. This Order introduces, in the case of non-submission of lists or non-admission of those presented in a first call, the novelty of a new call for elections after the six-month period. The eventual realization of a new electoral process would determine the constitution of new CRE and would complete the institutional representation of the Spanish communities in the different countries. This procedure, which allows for the establishment of the CREs in two phases, requires a second electoral process to be carried out for the appointment of General Directors within the same mandate.

Consequently, the V Mandate of the General Council of Spanish Citizenship in the Exterior, is completed, it is necessary to set the criteria of the convocation for the VI Mandate and the distribution of the Counsellors by countries, having in The Spanish and Spanish nationals registered in the CERA of each country, and, where appropriate, the Spanish Resident Councils constituted in the various consular districts, as well as the degree of representativeness of these in respect of the total number of registered with the country's CERA.

This Resolution is issued under the provisions of Royal Decree 230/2008 of 15 February, which regulates the General Council of Spanish Citizenship in the Foreign Affairs and Royal Decree 1960/2009 of 18 December 2009, by the The Spanish Residents ' Councils are regulated abroad.

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

Article 1. Criteria for the distribution of members by country.

1. The members of the General Council of Spanish Citizenship Abroad, in accordance with the provisions of article 11 of the Royal Decree 230/2008, of 15 February, will be elected by the members of all the Councils of Spanish Residents (CRE) constituted at the date of the call in the country concerned, in accordance with the following criteria:

a) A counselor will be chosen in each of the countries, in order to increase the number of Spaniards registered in the Electoral Census of Foreign Residents (CERA), with the maximum limit of 30 members.

b) Two members will be elected in each of the countries in which there are more than 25,000 Spaniards enrolled in the CERA.

c) Three members will be elected in the countries in which the number of Spaniards registered in the CERA will be greater than 100,000.

d) Four members will be elected in the countries where the number of Spaniards registered in the CERA will be higher than 200,000.

2. If, on the basis of these criteria, a number of members is higher than the limit of 43 laid down in Article 11 (1) (a), the number of countries with a single adviser, starting with those who have the least, will be reduced. registered voters, until reaching that limit.

3. The data from the Electoral Census of Foreign Residents to be used for this distribution are those published on the Internet by the Electoral Census Bureau on October 1, 2011.

Article 2. Number of counselors per country.

Taking into account the criteria set out in Article 1, the members to be elected in each country for the 6th mandate of the General Council are those listed in the Annex to this Resolution.

Article 3. Alternate members.

In addition to the right members, an equal number of alternate members shall be elected in each of the countries, as provided for in Article 9 (8) of this Resolution.

Article 4. Number of members in cases of non-constitution of CRE on first call.

1. Where, at the time of the call for elections for general counsellors, all possible CREs in accordance with Article 2 of Royal Decree 1960/2009 of 18 December 2009, the number of general advisers to be elected in the each country on the first call shall conform to the following:

(a) In any case, an adviser shall be responsible for each country with at least one CRE constituted.

(b) When the total number of Spaniards registered with the CERA in the corresponding consular district with constituted CRE, or consular constituencies if they are more than one, exceed 50% of the Spaniards registered in the CERA of the country, all members who correspond to it shall be chosen in accordance with the rule of distribution of the first instruction.

2. The members to be elected on the first call are those listed in the Annex.

Article 5. Holding of the second electoral process.

If, as a result of new elections to the CRE in the situations provided for in Article 10 of Order AEC/2172/2010, of 13 July, new general advisers have to be appointed, the conclusion of this second process election will be adjusted to the following:

1. New CREs in a country by application of the procedure indicated, only new elections to the General Council shall be called when there are vacant posts of general advisers in the country concerned, in accordance with the provisions of the distribution rules contained in Article 1 and in the Annex to this Resolution, and provided that the new CRE is from constituencies that add up to at least 10% of the Spaniards registered with the CERA of that country.

2. If, in accordance with the above paragraph, the number of members ' seats to be elected is higher than the target of 43, the number of countries eligible for elections to the Council will be reduced. General, starting with those with fewer registered voters, until reaching that limit.

3. In this new electoral process, all the members of the CRE who are constituted in the country concerned shall be eligible, proceeding in all other respects in accordance with the provisions of this Resolution.

4. The implementation of a second electoral process for the designation of general advisers in the terms referred to in this Resolution, in no case may be a review of the designations of general advisers according to the result of the first electoral process.

Article 6. 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. Elections to the General Council of Spanish Citizenship in the Foreign Affairs shall be held before 31 December 2011, without prejudice to the provisions of the Final Disposition.

Article 7. Electoral College.

1. The Electoral College shall be composed of all the members of the CRE constituted in the country concerned on the date of the convocation of the elections.

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 CRE of the country concerned will delegate, 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 Labor and Immigration Counselor, or in his absence the Head of the Labor and Immigration Section, will act as Secretary of the election 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 8. 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 9. 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 included in the electoral list, according to the following rules:

(a) Where there is a position of Counsellor to cover, each ballot paper shall contain at most the name of two candidates.

(b) Where there are two seats of members to be filled, each ballot shall contain at most the name of three candidates.

(c) Where there are three seats of members to be filled, each ballot shall contain at most the name of four candidates.

(d) Where there are four members ' posts to be filled, each ballot shall contain at most the name of five 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 the event of a tie between the candidates, the person who obtained the highest number of votes in the elections of the members of the CRE to which he belongs shall be designated. If the tie persists, the designation will be resolved by draw.

Article 10. Proclamation of elected candidates.

1. By Order of the Ministry of Labour and Immigration, elected candidates who would have obtained the highest number of votes as full members and as alternate members shall be proclaimed.

2. In the countries where two or more alternate members have been elected, they shall replace the holders in the event of the absence or loss of the status of Counsellor by order of greater than lesser in the number of votes obtained by each of them, resolving the situation of a tie in the manner set out in Article 9 (8).

Article 11. Dissolution of a CRE and subsequent refresh.

In the event that the dissolution of a CRE has generated vacancy in the post of General Counsel of the country concerned, and its renewal shall be carried out, in the terms provided for in Article 2 of Order AEC/2172/2010, of 13 July, a new electoral process shall be convened for the coverage of the vacancy in the General Council, with the participation of all members of the Spanish Resident Councils for the country concerned.

Article 12. Situation in roles

Once the members of the General Council of Spanish Citizenship in Foreign Affairs have finished their mandate, they will remain in office until the new Council's mandate begins. During the period of their duties, they may not adopt agreements for which a qualified majority is legally required.

Article 13. Complaints.

The General Directorate of Spanish Citizenship in the Foreign Affairs will resolve the complaints raised during the electoral process.

Article 14. 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 the Spanish Citizenship in the Exterior and in the terms that it sets.

2. The Work and Immigration Advisers will provide the documentary support and support needed to carry out the entire electoral process.

Single repeal provision. Repeal of the Resolution of 31 May 2007, of the Directorate-General for Migration.

The Resolution of 31 May 2007, of the Directorate General of Emigration, is hereby repealed, laying down the rules for the designation of members of the General Council of Spanish Citizenship Abroad (BOE No. 138, of June 9) as well as any other standard of equal or lower rank in what is opposed to the content of this Resolution.

Final disposition first. Date of conclusion of electoral processes on second call.

The date of the celebration of the electoral processes in the second call for the appointment of Directors General, will be established by resolution of the holder of the Directorate General of the Spanish Citizenship in the Exterior.

Final disposition second. Entry into force.

This Resolution shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, November 23, 2011. -Director General of Spanish Citizenship Abroad, Maria Pilar Pin Vega.

ANNEX

Data from countries with the highest number of registered voters in the Electoral Census of Residents Abroad (CERA) on October 1, 2011 and countries with CRE constituted

CUBA

UNITED STATES OF AMERICA

Nicaragua

of residence

Number of constituents

Councillors attributed by CERA (1)

Councillors to choose from 1 call (2)

Argentina

325.893

4

4

169.365

3

1

1

VENEZUELA

143,871

3

3

GERMANY

87,505

2

0

BRAZIL

85,260

2

2

81,020

2

75,483

MEXICO

2

2

SWITZERLAND

75,034

2

2

61,696

1

1

53,345

2

0

URUGUAY

51,032

2

2

BELGIUM

37,041

2

2

CHILE

35,774

2

Andorra

21.203

1

1

Netherlands

15,556

1

1

AUSTRALIA

14,713

1

1

ITALY

13,313

1

COLOMBIA

10,600

1

1

1

1

1

1 PERU

10,300

1

1

CANADA

9.950

1

Portugal

7.409

1

1

1

1

Ecuador

ECUADOR

1

0

PANAMA

1

1

Guatemala

1

1

1

1

SWEDEN

4.460

1

0

4,459

1

0

4.196

1

MOROCCO

Morocco

1

1

Bolivia

3,791

1

1

1

1

1

1.048

1.048

1

1

Total Councillors

36

Note 1: Directors that correspond to each country according to the number of people enrolled in the CERA at 1-10-2011.

Note 2: Directors to elect on first call based on the CREs constituted at the date of the Resolution.