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Title V. Institutional relations of the Generalitat (articles 174-200)

ARTICLE 174. GENERAL PROVISIONS

  1. The Generalitat and the State provide mutual assistance to each other and collaborate when necessary so as to effectively exercise their respective powers and defend their respective interests.
  2. The Generalitat may establish collaborative links with other autonomous communities for the establishment of common policies, for the effective exercise of its powers and for the handling of matters of common interest, especially when these are supra-territorial in scope. The Generalitat shall provide the necessary assistance to other autonomous communities for the effective exercise of their powers.
  3. The Generalitat participates in any decision-making institutions, bodies and procedures of the State that affect its powers, in accordance with the provisions of this Estatut and the law.

Section one. Collaboration with the State and with other Autonomous Communities

ARTICLE 175. INSTRUMENTS FOR COLLABORATION BETWEEN THE GENERALITAT AND THE STATE 

  1. Within their respective areas of powers, the Generalitat and the State may sign collaboration conventions and make use of other collaboration instruments as considered appropriate for the accomplishment of objectives of common interest.
  2. The Generalitat also collaborates with the State through the multilateral bodies and procedures in areas and matters of common interest.

ARTICLE 176. EFFECTS OF COLLABORATION BETWEEN THE GENERALITAT AND THE STATE 

  1. The participation of the Generalitat in bilateral and multilateral bodies and mechanisms of collaboration with the State and with other autonomous communities does not in any way alter the ownership of its powers.
  2. The Generalitat is not bound by decisions taken within the framework of multilateral voluntary collaboration mechanisms with the State and with other autonomous communities with regard to which it has not manifested its agreement.
  3. The Generalitat may state its reservations to agreements made within the framework of the multilateral voluntary collaboration mechanisms when these agreements have been made without its approval.

ARTICLE 177. SYSTEM FOR CONVENTIONS BETWEEN THE GENERALITAT AND THE STATE 

  1. The legal system governing conventions signed by the Generalitat, with regard to the Generalitat, shall be established by an Act of Parliament.
  2. Conventions signed between the Government of the Generalitat and the State Government shall be published in the Diari Oficial de la Generalitat de Catalunya within one month of signing. The date of publication of the convention in the Boletín Oficial del Estado determines its applicability in relation to third parties.

ARTICLE 178. CONVENTIONS AND AGREEMENTS WITH OTHER AUTONOMOUS COMMUNITIES 

  1. The Generalitat may sign collaboration conventions and cooperation agreements with other autonomous communities.
  2. The conventions and agreements with other autonomous communities may agree, among other matters, the creation of joint bodies and the establishment of joint projects, plans and programmes.
  3. Entry into conventions and agreements requires prior approval of Parliament only in cases that affect its legislative powers. In other cases, the Government shall inform Parliament of the signing of conventions and agreements within one month of the date of signature.
  4. Collaboration conventions signed by the Generalitat with other autonomous communities shall be notified to the Cortes Generales and shall come into effect sixty days after notification, unless the Cortes Generales decide that these are to be classified as cooperation agreements requiring the prior authorisation referred to in Article 145.2 of the Constitution.
  5. Conventions and agreements signed by the Generalitat with other autonomous communities shall be published, within forty-five days and one month, respectively, counting from the day on which they were signed, in the Diari Oficial de la Generalitat de Catalunya.

Section two. Participation in state decision-making institutions and procedures

ARTICLE 179. APPEARANCE OF SENATORS BEFORE PARLIAMENT 

Senators elected in Catalonia and those who represent the Generalitat in the Senate may appear before Parliament at their own request to report on their activity in the Senate, within the terms set out in Parliament's Rules of Procedure. 

ARTICLE 180. DESIGNATION OF MEMBERS OF THE CONSTITUTIONAL COURT AND OF THE GENERAL COUNCIL OF JUDICIAL POWER 

The Generalitat participates in the processes for the designation of magistrates of the Constitutional Court and members of the General Council of Judicial Power in the terms established by law, or where appropriate, by parliamentary regulations. 

ARTICLE 181. PARTICIPATION IN THE GENERAL REGULATION OF ECONOMIC ACTIVITY 

The Generalitat participates in any decision-making processes of the State that affect the general organisation of economic activity, within the framework of the provisions of Article 131.2 of the Constitution. 

ARTICLE 182. DESIGNATION OF REPRESENTATIVES IN ECONOMIC AND SOCIAL BODIES 

  1. The Generalitat designates or participates in processes for designation of members of the management bodies of the Bank of Spain, the National Stock Market Commission and the Telecommunications Market Commission, any entities that may replace these and other State entities that have regulatory functions in matters of economic and social relevance affecting the powers of the Generalitat, under the terms established by applicable legislation.
  2. The Generalitat designates or participates in processes for designation of members of economic and energy entities, financial institutions and publicly-owned State companies with jurisdiction in the territory of Catalonia and which are not the object of transfer, under the terms established by applicable legislation.
  3. The Generalitat designates or participates in processes for designation of members of the Accounts Court, the Economic and Social Council, the Taxation Agency, the National Energy Commission, the Spanish Data Protection Agency, the Radio and Television Council, any entities that may replace these, and entities created in these fields, under the terms established by applicable legislation.
  4. If the nature of the entity so requires, and if its main office is not in Catalonia, the Generalitat may ask the State to create territorial delegations of the bodies referred to in Section 1.

 

Section three. The Generalitat - State Bilateral Commission

ARTICLE 183. FUNCTIONS AND COMPOSITION OF THE GENERALITAT - STATE BILATERAL COMMISSION 

  1. In accordance with the principles established by Articles 3.1 and 174, the Generalitat - State Bilateral Commission is the general and permanent framework for relations between the Government of the Generalitat and the Government of the State for the following purposes:
    1. Participation and collaboration of the Generalitat in the exercise of State powers affecting the autonomy of Catalonia.
    2. Exchange of information and establishment, when appropriate, of mechanisms for collaboration in their respective public policies and in matters of common interest.
  2. The functions of the Generalitat - State Bilateral Commission are to deliberate, make proposals and, if appropriate, reach agreements in the cases established in this Estatut and, in general, in relation to the following areas:
    1. Government bills that uniquely affect the distribution of powers between the State and the Generalitat.
    2. Planning of the general economic policy of the Government of the State in all matters that uniquely affect the interests and powers of the Generalitat, and application and development of this policy.
    3. Promotion of appropriate measures to improve collaboration between the State and the Generalitat and to ensure more effective exercise of their respective powers in areas of common interest.
    4. Conflicts over powers that arise between the two parties, and proposal, when appropriate, of measures to resolve them.
    5. Evaluation of the functioning of the collaboration mechanisms established between the State and the Generalitat and proposal of measures to improve collaboration.
    6. Proposal of a list of economic bodies, financial institutions and publicly-owned State companies in which the Generalitat may designate representatives, and the modalities and means of this representation.
    7. Monitoring of European policy in order to ensure the effectiveness of the participation of the Generalitat in European Union affairs.
    8. Monitoring of external State activities that affect the Generalitat's own powers.
    9. Questions of common interest established by law or raised by the parties.
  3. The Generalitat - State Bilateral Commission is made up of an equal number of representatives of the State and of the Generalitat. It is chaired alternately by each of the two parties for periods of one year. The Commission has a permanent secretariat and may create sub-committees and committees as deemed necessary. The Bilateral Commission prepares an annual report, which is submitted to the State Government, the Government of the Generalitat and to Parliament.
  4. The Generalitat - State Bilateral Commission meets in plenary session at least twice a year and whenever either of the parties requests a meeting.
  5. Internal regulation and functioning of the Generalitat - State Bilateral Commission is by agreement between both parties.

ARTICLE 184. GENERAL PROVISION 

The Generalitat participates, under the terms established by this Estatut and the legislation of the State, in affairs related to the European Union that affect the powers or interests of Catalonia. 

ARTICLE 185. PARTICIPATION IN THE TREATIES OF THE EUROPEAN UNION 

  1. The Generalitat shall be informed by the State Government of initiatives for review of European Union treaties and of subsequent signing and ratification processes. The Government of the Generalitat and Parliament shall address, to the State Government and to the Cortes Generales, the observations that it deems pertinent to this effect.
  2. The State Government may include representatives of the Generalitat in Spanish delegations taking part in processes for review and negotiation of original treaties and those for adoption of new treaties, in matters affecting the exclusive powers of the Generalitat.

ARTICLE 186. PARTICIPATION IN THE FORMATION OF THE STATE POSITION 

  1. The Generalitat participates in the formation of State positions before the European Union, especially before the Council of Ministers, in matters concerning the powers or interests of Catalonia, under the terms established by this Estatut and the legislation on these matters.
  2. The Generalitat shall participate bilaterally in forming the State positions in those European affairs which affect it exclusively. In other cases, participation shall be in the framework of multilateral procedures to be established.
  3. The position expressed by the Generalitat is decisive for the formation of the State position if it affects its exclusive powers and if the European proposal or initiative could lead to especially important financial or administrative consequences for Catalonia. In other cases, this position shall be heard by the State.
  4. The State shall provide the Generalitat with complete and up-to-date information about the initiatives and proposals presented to the European Union. The Government of the Generalitat and the Parliament of Catalonia shall address to the State Government and the Cortes Generales, as the case may be, the observations and proposals deemed pertinent to these initiatives and proposals.

ARTICLE 187. PARTICIPATION IN EUROPEAN INSTITUTIONS AND BODIES 

  1. The Generalitat participates in Spanish delegations to the European Union that deal with affairs within the legislative power of the Generalitat, and especially to the Council of Ministers and the consultative and drafting bodies of the Council and the Commission.
  2. In areas falling within the exclusive powers of the Generalitat, the participation established in Section 1, permits the Generalitat, by means of preliminary agreement, to represent and chair these bodies, in accordance with the applicable regulations.
  3. The Generalitat, in accordance with the State, participates in designation of representatives in the framework of the permanent State representation in the European Union.
  4. Parliament may establish relations with the European Parliament in areas of common interest.

ARTICLE 188. PARTICIPATION IN OVERSEEING THE PRINCIPLES OF SUBSIDIARITY AND OF PROPORTIONALITY 

Parliament participates in the processes to oversee the principles of subsidiarity and proportionality established by European Union Law in relation to European legislative proposals if these proposals affect powers of the Generalitat. 

ARTICLE 189. DEVELOPMENT AND APPLICATION OF EUROPEAN UNION LAW 

  1. The Generalitat applies and implements the law of the European Union within its jurisdiction. The existence of a European regulation does not modify the internal distribution of powers established by the Constitution and this Estatut.
  2. If implementation of European Union law requires the adoption of internal measures that extend beyond Catalan territory which the competent autonomous communities are unable to adopt by means of collaboration or coordination mechanisms, the State shall consult the Generalitat on these circumstances prior to adopting the measures. The Generalitat shall participate in the bodies that adopt these measures or, should this participation be not possible, shall issue a preliminary report.
  3. In the event that the European Union establishes legislation replacing the basic State regulations, the Generalitat may adopt the development legislation based on the European rules.

ARTICLE 190. MANAGEMENT OF EUROPEAN FUNDS 

The Generalitat is responsible for the management of European funds in matters within its jurisdiction, in the terms established by Articles 114 and 210. 

ARTICLE 191. ACTIONS BEFORE THE COURT OF JUSTICE 

  1. The Generalitat has access to the Court of Justice of the European Union within the terms established by European regulations.
  2. The Government of the Generalitat may demand that the State Government bring actions before the Court of Justice of the European Union in defence of the legitimate interests and powers of the Generalitat. The Generalitat shall collaborate in the legal defence.
  3. The refusal of the State Government to bring the requested actions must be justified, and must be immediately communicated to the Generalitat.

ARTICLE 192. DELEGATION OF THE GENERALITAT TO THE EUROPEAN UNION 

The Generalitat may establish a delegation to better defend its interests before the institutions of the European Union. 

ARTICLE 193. GENERAL PROVISIONS

  1. The Generalitat shall foster the external projection of Catalonia and promote its interests in this area, while respecting the powers of the State in foreign affairs.
  2. The Generalitat has the capacity to carry out actions with external projection that derive directly from its powers, either directly or through the bodies of the General Administration of the State.

ARTICLE 194. OFFICES ABROAD

In order to promote the interests of Catalonia, the Generalitat may establish offices abroad.

ARTICLE 195. COLLABORATION AGREEMENTS

In order to promote the interests of Catalonia, the Generalitat may sign collaboration agreements in areas falling within its powers. For this purpose, the external representative bodies of the State shall provide the necessary support to the initiatives of the Generalitat.

ARTICLE 196. INTERNATIONAL TREATIES AND CONVENTIONS

  1. The Government of the State shall inform the Generalitat in advance of the signing of treaties which have a direct and singular effect on the powers of Catalonia. The Generalitat and Parliament may address the observations that they consider relevant to these matters to the Government.
  2. In the case of treaties which have a direct and singular effect on Catalonia, the Generalitat may request that the Government include representatives of the Generalitat in the negotiating delegation.
  3. The Generalitat may request that the Government sign international treaties in areas within its jurisdiction.
  4. The Generalitat shall adopt the necessary measures to carry out any obligations arising from international treaties and conventions ratified by Spain or binding on the State within the area of its powers.

ARTICLE 197. CROSS-BORDER, INTER-REGIONAL AND DEVELOPMENT COOPERATION

  1. The Generalitat shall promote cooperation and establish appropriate relations with the European regions with which it shares economic, social, environmental and cultural interests.
  2. The Generalitat shall promote cooperation with other territories, under the terms established in Section 1 above.
  3. The Generalitat shall promote development cooperation programmes.

ARTICLE 198. PARTICIPATION IN INTERNATIONAL BODIES

The Generalitat shall participate in the competent international bodies in matters of important interest for Catalonia, especially UNESCO and other cultural bodies, in the form established by the corresponding regulations.

ARTICLE 199. COORDINATION OF FOREIGN ACTIONS

The Generalitat, in areas falling within its powers, shall foster and coordinate the foreign actions of local government entities and of other bodies and public entities in Catalonia, without prejudice to their autonomy.

ARTICLE 200. THE INTERNATIONAL PROJECTION OF CATALAN ORGANISATIONS

The Generalitat shall promote the international projection of social, cultural and sporting organisations in Catalonia and, when appropriate, their affiliation to similar entities at international level, in keeping with their objectives.

Update:  21.06.2014