Advanced Search

Resolution Of 2 November 2016, Of 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 2 de noviembre de 2016, 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.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
dvisers 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. The elections to the General Council of Spanish Citizenship in the Foreign Affairs will be held before December 31, 2016. If a second call for elections is to be held, the final Disposition will be scheduled for the first time.

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 Minister of Employment and Social Security or, failing that, the Secretary General of the Department, will 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 8. Submission of nominations.

1. The Electoral College, the submission of candidates and the election of the members 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 such a list, provided that the composition of the whole of the country's CRE allows, a minimum of forty percent of people of each sex.

5. The alphabetical list of candidates will be prepared, and the members of the Electoral College will be read to it.

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. Conduct of the voting process by videoconferencing systems.

1. In countries where there is more than one CRE, the technical and human resources of the consular posts to which they are attached shall be articulated, and the heads of such consular offices and the other heads of the consular offices shall be required to 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 7, are present in the meeting of each CRE and vouch for its development and the results of the election held.

Article 11. Proclamation of elected candidates.

1. By Order of the Ministry of Employment and Social Security, elected candidates who have obtained the highest number of votes as the right holders 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).

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 may in no case involve revision of the designations of general aculo">Article 12. 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 13. Situation in functions.

After the end of their mandate, the members of the General Council of Spanish Citizenship in Foreign Affairs 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 14. Complaints.

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

Article 15. 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 reimbursement of expenditure provided for in the previous point shall not be carried out where there are physical, technical and human resources to allow for the development of the vote using videoconferencing systems.

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

Single repeal provision. Repeal of the Resolution of 23 November 2011, from the Directorate General of Spanish Citizenship Abroad.

The Resolutions of 23 November 2011, of the Directorate General of Spanish Citizenship Abroad, are repealed, laying down the rules for the designation of the members of the General Council of the Spanish Citizenship Abroad, (BOE No. 286 of November 28), the Resolution of July 13, 2012, of the Directorate General of Migration (BOE No. 180, of July 28), and the Resolution of 24 February 2015 of the Directorate General of Migration, (BOE No. 55 of March 05), 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 holding of the electoral processes in the second call for the appointment of general advisors shall be established by resolution of the holder of the General Directorate of Migration.

Final disposition second. Entry into force.

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

Madrid, 2 November 2016. -Director General of Migration, Aurelio Miras Portugal.

ANNEX

Data from countries with the highest number of registered voters in the Electoral Census of Residents Abroad (CERA) on August 1, 2016, in which at least one Council of Spanish Residents (CRE) has been constituted

1

Paraguay

Uruguay

of residence

Number of constituents

Councillors attributed according to CERA(1)

Councillors to choose from first call (2)

BELGIUM

45,146

2

2

FRANCE

200.796

4

Ireland

5.511

1

1

1

1

1

1

ITALY

1

Switzerland

90.945

2

2

ARGENTINA

400.319

4

4

BRAZIL

110,395

3

3

CANADA

13.008

1

1

CHILE

52,314

2

2

Costa rica

6.402

1

1

CUBA

123,726

3

Ecuador

33,996

2

2

GUATEMALA

6,634

1

1

MEXICO

108,788

3

Nicaragua

1.285

1

1

4,558

1

1

1

1

1

1

1

URUGUAY