16 SECTION EIGHT. ON TERRITORIAL UNIT OF THE STATE
SECTION ONE. THE BASIC RIGHTS AND RESPONSIBILITIES
Chapter One. The Spaniards and foreigners
Chapter Two. Rights and freedoms
Part 1. Fundamental rights and public freedoms
Part 2. On the rights and responsibilities of citizens
Chapter Three. The fundamental principles of social and economic policy
Chapter Four. On guarantees of fundamental freedoms and human
Chapter Five. On the suspension of the rights and freedoms
SECTION TWO. ABOUT CROWN
SECTION THREE. About the Cortes Generales
Chapter One. About the Chambers
Chapter Two. On the development of laws
Chapter Three. On International Treaties
SECTION FOUR. ABOUT THE STATE GOVERNMENT AND ADMINISTRATION
SECTION FIVE. ON RELATIONS BETWEEN THE GOVERNMENT AND Cortes Generales
SECTION EIGHT. ON TERRITORIAL UNIT OF THE STATE
Chapter One. General Provisions
Chapter Two. Local Government
Chapter Three. On Autonomous Communities
CHAPTER NINE. THE CONSTITUTIONAL COURT
SECTION TEN. On constitutional reform
About the territorial structure of the State
Territorial division of the State of Spain includes the municipalities, provinces and autonomous instituted by the Community. All these entities enjoy autonomy in the conduct of its affairs.
1. The State shall guarantee the effective implementation of the principle of solidarity, enshrined in Article 2 of the Constitution, taking care of ustanovlenii fair and adequate economic balance between the different parts of Spanish territory and focusing on island territories.
2. The differences in the different Autonomous Communities Statutes in any case should not give them economic or social benefits.
1. All Spaniards have the same rights and responsibilities throughout Spain.
2. No government can not take actions that directly or indirectly obstruct freedom of movement and residence of persons and the freedom of movement of property Po throughout Spain.
The Constitution guarantees the autonomy of municipalities. They enjoy full rights as a legal entity. Leadership and management implemented by the respective municipal councils, consisting of mayors and councilors. Councillors are elected by the residents of the municipality free of universal, equal, direct and secret ballot in the manner prescribed by law. Mayors elected councilors or residents of the municipality. The law determines the conditions for open meetings of the Board.
1. The province is a local education, juridical rights. It is a combination of a certain number of municipalities on the basis of the territorial principle for state activities. Any change provincial boundaries must be approved by the Cortes Generales through the adoption of an organic law.
2. The management and control of the provinces is avtonomnoe Assembly representatives or other representative bodies.
3. Allowed the formation of associations of municipalities, other than the provinces.
4. In each island archipelago is also appropriate as a Kabildosov Municipality or the Soviets.
Local governments should have adequate resources to carry out the functions assigned by law to the appropriate representative bodies of self-government, and are formed mainly from local taxes, as well as participation in the tax revenue of the State and the Autonomous Communities.
On Autonomous Communities
1. In the exercise of the right to autonomy recognized by Article 2 of the Constitution, bordering provinces with each other with common historical, cultural and economic characteristics, the island territories and provinces, which represent a single historical region may obtain self-government and form an autonomous community in accordance with the present polozheniyami section and the relevant statutes.
2. May petition for autonomy, all interested Representative Assembly or the corresponding inter-island bodies, as well as two-thirds of the municipalities with a population of at least a majority of the electoral staff in each province or island. An application for this should be issued within six months after the adoption of the first decision on the matter concerned members of the local congregation.
3. The petition in the case of a negative decision can be predstavleno again only after five years.
Cortes Generales by means of constitutional law and the national interest are:
a) allow the formation of an autonomous community, even if it does not exceed teppitoriya one province and territory are not met the conditions set out in paragraph 1 of Article 143,
b) authorize or adopt, where appropriate, the Statute of Autonomy for areas outside the province,
c) replace the local Assembly representatives in presenting the petition referred to in paragraph 2 of Article 143.
1. In no case may be formed federation of autonomous Communities.
2. The statutes may impose conditions, principles and procedures for the conclusion of agreements between the Autonomous Communities in their implementation of joint activities and provide services to each other, as well as the order of the informed Generalnyh Cortes. Drove all other cases, the cooperation agreement between the Autonomous Communities are authorized by the Cortes Generales.
Project Charter developed assembly composed of members of the Assembly of Representatives or the inter-island body of the provinces concerned, and of deputies and senators elected from them and sent to the Cortes Generales for consideration as law.
1. In accordance with the provisions of this Constitution, the statutes are the main legal instrument of each Autonomous Community, and the State shall recognize and protect them in the Quality part of its legislation
2. Statutes of autonomy should contain
a) the name of the Autonomous Community, meets most of its history,
b) the boundaries of its territory,
a) the name, structure and seat of its own autonomous institutions
d) authorities Autonomous Community within the framework of the Constitution and the basis for the transfer of the respective services.
3. The reform of the Statutes shall be as prescribed by them, and, in any case, requires the approval of the Cortes Generales through the adoption of constitutional law.
1. The jurisdiction of the Autonomous Communities may include the following items:
1) Create your own governments.
2) Change the municipal boundaries within their territory and generally perform the functions associated with the activities of local authorities Bodies under the responsibility of governments, the transfer of which is permitted by the laws on local government.
3) The territorial, urban and housing.
4) Construction and in the interests of the Autonomous Community.
5) Iron and highways, fully passing on the territory of the Autonomous Communities, transport and wired connection to them (as in the Autonomous Communities).
6) The harbor, sports ports and airports, and in general all the facilities of this kind, non-commercial activities.
7) Agriculture and Livestock, in accordance with the general direction of economic development.
8) Forests and forestry.
9) The activities on the environment.
10) Design, construction and operation of water resources, canals and irrigated areas of interest to the Autonomous Communities, mineral and thermal waters.
11) Fishing in inland waters, shellfish harvesting and water management, hunting and river fishing.
12) The local fair.
13) The economic development of the Autonomous Community in sootvetstvii with the objectives defined in national economic policy.
15) Museums, libraries and music conservatory of interest to the Autonomous Communities.
16) Preservation of interest to the Autonomous Communities.
17) The development of culture, science and language teaching Autonomous Community.
18) The development and organization of tourism on the territory of the Autonomous Community.
19) The development of sport and leisure activities.
20) Social Security.
21) Health and hygiene.
22) Safety and protection of buildings and structures. Coordination and implementation of other functions associated with the local police in the manner established by an organic law.
2. After five years, and by changing their Statutes of the Autonomous Community can gradually expand its powers within the limits specified in Article 149.
1. Go to the exclusive jurisdiction of the State are the following items:
1) Regulation of the main conditions to ensure the equality of all Spaniards in the exercise of their constitutional rights and performing its constitutional duties.
2) Citizenship, migration, issues related to inostrantsami, the right to asylum.
3) International relations.
4) Defense and the Armed Forces.
5) The administration of justice.
6) Commercial, criminal and penal law. Procedural law, except in special cases arising from the uniqueness of the laws of the autonomous community.
7) Labor legislation, without prejudice to its application by the Autonomous Communities.
8) Civil Law, regardless of preservation, renovation and improvement of the autonomous community of civil rights, special rights or fueros when available. In any case, the rules relating to the use and the effectiveness of legal norms and civil legal relations related to marital relations, the order of the civil registration and notarial acts, the basis of contractual obligations, rules governing the resolution of legal disputes and identifying the sources of law (with respect In this latter case, enshrined in the fueros or special law rules).
9) The enforcement of intellectual and industrial property.
10) The customs regime and customs tariffs, foreign trade.
11) The monetary system: the currency and its exchange rate convertibility, the basics, credit, banking and insurance systems.
12) The law on the system of weights and measures, establishing the official time.
13) Fundamentals of overall planning and coordination of economic activity.
14) Public finance and public debt.
15) The development and overall coordination of scientific and technical research.
16) Border cordon sanitaire. Osnovy and overall coordination of health care. The legislation on pharmaceuticals.
17) basic legislation and economic regime of Social Security, without prejudice to its implementation of the autonomous community services.
18) The legal basis of public service and the status of their employees to ensure the equality of all citizens served. The general administrative procedure, taking into account the features associated with a private management organization in the autonomous community. Legislation on compulsory expropriation, the basic legislation on administrative contracts and concessions, as well as overall responsibility for the system of public service.
19) Marine fishing, with the exception of those powers which are in the process of organizing the industry will be transferred to the autonomous community.
20) Trade and postscript Navy ships to ports, service lighthouses coast and marine signals, ports of national importance, the airports of national importance, control of airspace, air transit and transport, weather service and registration of aircraft.
21) Railways and land transport across the territory of more than one Autonomous Community, the common mode of Railways, the movement of vehicles, communications, aircraft and submarine cables.
22) Legislation, organization and provision for use of water resources in case of water pass through the territory of more than one Autonomous Community, tak well as permission for construction of power when their use affects the interests of the other Autonomous Communities or where the power transmission line beyond outside its territory.
23) basic legislation for the protection of the environment, regardless of the authority of the autonomous community to implement additional conservation measures. Basic legislation on the use of forests, forest land and pasture.
24) Construction, representing the national interest or the conduct of which concerns more than one Autonomous Community.
25) Fundamentals of mining and energy production mode.
26) Determination of the order of production, sale, possession and use of weapons and explosives.
27) The general rules of the regime of press, radio and television, and in general, all the media, with the exception of the relevant authority for their development and use of autonomous communities.
28) The protection of monuments of culture, history and art of export abroad and from looting, museums, libraries and archives of national importance, with the exception of activities in this area of the autonomous community.
29) The protection of public order, regardless of the possibility of creating an autonomous community police services in the manner prescribed in the relevant Statutes and under constitutional law.
30) The regulation of receipt, issue and recognition of academic and professional degrees, as well as the establishment of basic standards for the development of Article 27 of the Constitution in order to ensure that the authorities of their responsibilities in this area.
31) Maintain statistics with national goals.
32) A permit to conduct surveys of the population through a referendum.
2. Regardless of the powers which may have a self-contained community, the state considers the development of culture is our duty and the special attention and promotes cultural exchange between the Autonomous Communities, with their consent.
3. Items that are not specifically related to the conduct of the present Constitution of the State, may be transferred to an autonomous community in sootvetstvii with their statutes. The jurisdiction of the States are doing all the things that are not included in the competence of the statutes of the autonomous community. In the event of a dispute government regulations prevail over the rules of the autonomous community of all subjects unrelated to their exclusive jurisdiction. In any case, the state legislation complements the legislation of the autonomous community.
1. Cortes Generales may, and in the case of items entrusted to the State to provide all or part of the autonomous community of the right to legislate within the guidelines and framework conditions set by the constitutional law. Regardless Od powers of courts, each framework law establishes a way of monitoring by the Cortes Generales over these legislative acts of the autonomous community.
2. The State may transfer or delegate of the autonomous community through the adoption of constitutional law the exercise of powers relating to the management of public subjects, but who, because of their nature, may be subject to such assignment or delegation. In each case, the law provides for the transfer of appropriate funds, as well as methods of control that state reserves.
3. The State may enact laws that establish the necessary guidelines for the harmonization of the legal provisions of the autonomous community, even in relation to the subjects falling within their jurisdiction, if required by common interests. A decision on the need to take such Cortes Generales absolute majority in each Chamber.
1. Not required under paragraph 2 of Article 148 of the five-year period if the request for autonomy has been issued within the period specified in Article 143.2 and approved by the Provincial Assembly or the relevant inter-island bodies, or by three-quarters of the municipalities of each of the provinces concerned, costavlyayuschih not less than a majority from the electoral roll in each province, provided that such request is approved by referendum a positive vote of an absolute majority of the voters of each province, in the manner prescribed by the relevant constitutional law.
2. As provided for in the preceding paragraph, the order of the development of the Charter will be as follows:
1) The Government shall convene all the deputies and senators elected from constituencies that are part of the territory, which seeks to autonomy, in order to set up the Assembly, whose sole purpose is the development and adoption of an absolute majority of its members, the Charter of autonomy.
2) adopted by the Parliamentary Assembly of the Charter of the project is sent to the Constitutional Commission of the Congress, which for two months considering it with the help and participation of a delegation from the Assembly representing the project in order to jointly determine the final draft.
3) In the case of reaching such agreement, the text of the draft is submitted to a referendum in the provinces with the participation of the provincial election, the constituent territories in the Draft Constitution.
4) In the case of adoption of the Constitution in each province, the majority of valid votes cast in the draft Constitution, by the Cortes Generales. The plenary sessions of the Chamber shall decide on the text by a vote for ratification. Adopted the Charter signed by King and promulgated as law.
5) If the agreement provided for in paragraph 2 of this Article is not reached, the draft Charter is submitted to the Cortes Generales as a bill. Text adopted by them put to a referendum of voters provinces that make up the territory provided for the project stared. In the event that a majority of valid votes in each province of the Charter is to be signed and published in the manner prescribed by the preceding paragraph.
3. In the cases provided for in paragraphs 4 and 5 of this article, rejecting the Charter of one or more provinces do not prevent the formation of the autonomous community of the scheduled remaining provinces on the basis of the organic law, as provided in paragraph 1 of this Article.
For the charter adopted in the manner prescribed previous article, the institutional autonomous organization includes
The legislative assembly elected by universal adult suffrage on the basis of proportional representation system, which guarantees also the representation of different regions of the territory
The Government Council by the executive and administrative functions of its chairman, elected by the Assembly from among its members and appointed by the King. The Chairman shall direct the Council of Government, is the highest official in the Autonomous Community and the representative of the State in it. The Chairman and members of the Governing Council are politically responsible for its activities to the Assembly.
The Supreme Court, without prejudice to the jurisdiction of the Supreme Court, the highest judicial body in the Autonomous Community. The statutes may determine the terms and forms of participation in the organization of the autonomous community of the administration of justice at the district level. All of this act in accordance with the constitutional law of the judiciary and its unity and independence. Regardless of Article 123, the relevant judicial authorities, where necessary, replaced by the judicial authorities of the Autonomous Communities that were created on the territory on which the competent authority of the first instance.
2. Following the approval and promulgation of statutes can be changed only set them in order, through a referendum on the list of voters.
3. When combining adjacent to each other municipalities statutes may form their own territorial districts that have every right to a legal entity.
Control over the activities of the autonomous community is
a) by the Constitutional Court in relation to the constitutionality of the measures it has regulations having the force of law.
b) Government on the proposal of the Council on the implementation of the powers delegated to them in accordance with predusmotrennomu in paragraph 2 of Article 150.
c) The bodies of administrative law, in relation to a self-rule and its regulatory standards.
d) Accounting Chamber, the economic and budgetary activities.
A representative appointed by the Government, led by the state government in the Autonomous Community, and, where appropriate, coordinate its activities with those of controls Autonomous Community.
1. If an autonomous community does not fulfill the obligations stipulated by the Constitution or other laws, or his actions are causing serious damage to the national interests of Spain, the Government warns chairman Autonomous Community. If the response on his part does not follow, the Government may, with the consent of the absolute majority of the Senate, to take the necessary measures to implement the autonomous community of the said obligations under compulsion or for the protection of national interests mentioned.
2. In the implementation of the measures provided for in the preceding paragraph, the Government may make appropriate orders of any authority of the autonomous community.
1. Autonomous Communities enjoy financial autonomy for the development and exercise of their powers in accordance with the principle of coordination with the central financial institutions and the principle of solidarity among all Spaniards.
2. Autonomous Communities may act as agents or employees of the State in training camp, spending and the elimination of state taxes, in accordance with the laws and statutes.
1. Funds consist of the autonomous Communities
a) taxes, totally or partially transmitted by the State, gosudarstvennye allowances for taxes and other taxes of participation in the State.
b) their own taxes, fees and special assessments.
c) the transfer of inter-territorial Compensation Fund and other revenues from the State budget.
d) profit from its own assets and income received from transactions governed by private law.
e) income from lending operations.
2. Autonomous Communities can not in any way to collect taxes on the property. located outside their territory or taxes that impede the free flow of goods and services.
3. An organic law shall regulate the exercise of financial powers listed in the previous punkte 1 voznikshih procedure for resolution of disputes and possible conditions of financial cooperation between the Autonomous Communities and the State.
1. General State Budget may prescribe certain provisions of the autonomous community, depending on the volume of services transferred to them and assurance on their part as to the minimum level of basic public services throughout Spain.
2. In order to equalize the economic situation in the different regions of Spain and the implementation of the principle of solidarity created a compensation fund, intended for investment budget. The fund will distribute the Cortes Generales mezhdu autonomous community and province.