Cos de l'article

ARTICLE 55. GENERAL PROVISIONS

  1. Parliament represents the people of Catalonia.
  2. Parliament exercises legislative power, approves the budget of the Generalitat and controls and promotes political and government action. It is the seat for the expression of pluralism and political debate.
  3. Parliament is inviolable.

ARTICLE 56. COMPOSITION AND ELECTORAL SYSTEM

  1. Parliament consists of a minimum of one hundred and a maximum of one hundred and fifty members, elected for a period of four years by universal, free, equal, direct and secret suffrage, in accordance with this Estatut and with electoral legislation.
  2. The electoral system is one of proportional representation and has to ensure adequate representation of all areas of the territory of Catalonia. Electoral Administration is independent and guarantees transparency and objectivity in the electoral process. The electoral system is regulated by an Act of Parliament approved by a final vote on the full text by a majority of two thirds of the Members of Parliament.
  3. In accordance with electoral legislation, citizens of Catalonia, by virtue of their civil and political rights, are electors and eligible for election. The electoral law of Catalonia shall establish criteria for parity between women and men when preparing the electoral lists.
  4. Fifteen days before the end of the legislative term, the President of the Generalitat shall call an election, which shall be held within from forty to sixty days after the call.

ARTICLE 57. LEGAL STATUS OF MEMBERS OF PARLIAMENT

  1. Members of Parliament are inviolable with regard to the votes and opinions they may express in exercise of their position. During their term in office, they enjoy legal immunity and may not therefore be arrested unless in flagrant offence.
  2. In lawsuits against Members of Parliament, the competent authority is the Supreme Court of Justice of Catalonia. Outside the territory of Catalonia, penal responsibility shall be invocable on the same terms before the Criminal Chamber of the Spanish Supreme Court.
  3. Members of Parliament are not subject to imperative mandate.

ARTICLE 58. PARLIAMENTARY AUTONOMY

  1. Parliament has organisational, financial, administrative, and disciplinary autonomy.
  2. Parliament drafts and approves its Rules of Procedure, its budget, and establishes the legal status of its staff.
  3. Approval or reform of Parliament's Rules of Procedure is a matter for the Plenary Assembly and it requires the vote in favour of an absolute majority of Members of Parliament in a final vote on the full text.

ARTICLE 59. ORGANISATION AND WORK

  1. Parliament has a President and a Presiding Board elected by the Plenary Assembly. Their election and functions are regulated by Parliament's Rules of Procedure.
  2. Parliament's Rules of Procedure establish the rights and obligations of the Members of Parliament, the requirements for the formation of parliamentary groups, the role of these groups in the exercise of parliamentary functions, and the powers of the Board of Spokespeople.
  3. Parliament works in the Plenary Assembly and in committees. Parliamentary groups participate in all committees in numbers proportional to their representation.
  4. Parliament has a standing committee, presided over by the President of Parliament and consisting of the number of members determined by Parliament's Rules of Procedure, in proportion to parliamentary group representation. The Standing Committee oversees exercise of parliamentary powers when Parliament is not in session, in the periods between sessions when the parliamentary mandate has ended, and when Parliament has been dissolved. At the end of a legislative term or upon dissolution of Parliament, the mandate of the Members of Parliament who form the Standing Committee is extended until a new Parliament is constituted.
  5. Public office holders and staff in the employ of Public Administration bodies which operate in Catalonia are obliged to appear before Parliament when required.
  6. Parliament may create investigative committees on any matter of public relevance or interest to the Generalitat. Those summoned to appear before them, are obliged to do so, in accordance with the procedure and guarantees established by Parliament's Rules of Procedure. Sanctions for non-fulfilment of this obligation shall be regulated by law.
  7. Individual and group petitions addressed to Parliament shall be regulated by Parliament's Rules of Procedure. It shall also establish mechanisms for participation by citizens in the exercise of parliamentary functions.

ARTICLE 60. SYSTEM OF MEETINGS AND SESSIONS

  1. Parliament meets annually in two ordinary periods of sessions established by the Rules of Procedure. Parliament may meet in extraordinary sessions outside the ordinary session periods. Extraordinary parliamentary sessions are called by the President of Parliament with the approval of the Standing Committee, on the proposal of three parliamentary groups or of a quarter of the Members of Parliament, or at the request of parliamentary groups or Members of Parliament that represent an absolute majority. Parliament also meets in extraordinary sessions at the request of the President of the Generalitat. Extraordinary sessions are called to deal with a specific agenda and are adjourned when this has been dealt with.
  2. Plenary sessions are public, except in the situations established by Parliament's Rules of Procedure.
  3. For Parliament to adopt valid decisions, an absolute majority of Members of Parliament must be present. Decisions are valid if they have been approved by a simple majority of Members present, without prejudice to the special majorities established by this Estatut, by law or by Parliament's Rules of Procedure.

ARTICLE 61. FUNCTIONS

In addition to the functions established in Article 55, it is also a matter for the Parliament:

  1. To designate the senators that represent the Generalitat in the Senate. This designation shall be made through a specific sitting convened for this purpose and shall be proportional to the number of Members in each parliamentary group.
  2. To draft Members' bills for presentation before the Presiding Board of Congress and to nominate the Members of Parliament charged with defending these bills.
  3. To request the adoption of Government bills by the State Government.
  4. To request the State to transfer or delegate powers and attribute authority, within the framework of Article 150 of the Constitution.
  5. To lodge appeals on the basis of unconstitutionality and to appear before the Constitutional Court in other constitutional proceedings, in accordance with the Organic Law of the Constitutional Court.
  6. Any other functions attributed to it by this Estatut and by law.

ARTICLE 62. LEGISLATIVE INITIATIVE AND EXERCISE OF THE LEGISLATIVE FUNCTION

  1. Legislative initiative is a matter for Members of Parliament, parliamentary groups and the Government. It is also a matter for the citizens, under the terms established by the laws of Catalonia, by means of popular legislative initiative, and for the representative bodies of the supra-municipal entities of the territorial organisation of Catalonia that this Estatut establishes.
  2. The laws that directly regulate the matters mentioned in Articles 2.3, 6, 37.2, 56.2, 67.5, 68.3, 77.3, 79.3, 81.2 and 94.1 are laws concerning basic development of the Estatut. Approval, modification and repeal of these laws requires a vote in favour by an absolute majority of the Plenary Assembly in a final vote on the full text, except where the Estatut establishes another voting system.
  3. The Plenary Assembly may delegate the processing and approval of legislative initiatives to legislative standing committees. This delegation may be revoked at any time. Matters that may not be delegated to the committees include the reform of the Estatut, the basic development laws, the budget of the Generalitat, and laws of legislative delegation to the Government.

ARTICLE 63. DELEGATION OF LEGISLATIVE POWER TO THE GOVERNMENT

  1. Parliament may delegate the power to enact rules of legal rank to the Government. Government regulations containing delegated legislation are termed legislative decrees. Matters that may not be subject to legislative delegation include the reform of the Estatut, the basic development laws, with the exception of the delegation of the establishment of a rewritten text, the basic regulation and direct development of the rights recognised in the Estatut and in the Charter of Rights and Obligations of the Citizens of Catalonia, and the budget of the Generalitat.
  2. Legislative delegation may only be to the Government. Delegation shall be deliberate, by law, for a specific matter, and must specify the time period within which it applies. Delegation shall cease when the Government publishes the corresponding legislative decree or when the Government is an acting Government. On authorising the Government to write a new articled text, the delegation laws shall lay down the bases for the Government to apply in the exercise of legislative delegation.
  3. On authorising the Government to rewrite legal texts, the law shall determine both the scope and criteria of the rewriting.
  4. Control of delegated legislation is regulated by Parliament's Rules of Procedure. The delegation laws may also establish a special control system for legislative decrees.

ARTICLE 64. DECREE LAWS

  1. In the case of extraordinary and urgent need, the Government may enact provisional legal provisions in the form of a decree law. Matters that may not be subject to decree laws include the reform of the Estatut, subjects which are the object of basic development laws, basic regulation and the direct development of rights recognised in the Estatut and in the Charter of Rights and Obligations of the Citizens of Catalonia, and the budget of the Generalitat.
  2. Decree laws are repealed if, within thirty days of promulgation, a period which may not be extended, they are not specifically validated by Parliament following a debate and a full vote.
  3. Parliament may process decree laws as Government bills by means of emergency procedures, within the period established in Section 2 above.

ARTICLE 65. PROMULGATION AND PUBLICATION OF LAWS

The laws of Catalonia are promulgated, in the name of the King, by the President of the Generalitat, who orders their publication in the Diari Oficial de la Generalitat de Catalunya (Official Journal of the Generalitat of Catalonia) within fifteen days, and in the Boletín Oficial del Estado (Official Spanish State Bulletin). The date of publication in the Diari Oficial de la Generalitat de Catalunya is taken as the date of entry into force. The official version in Castilian is the translation produced by the Generalitat.

ARTICLE 66. REASONS FOR TERMINATION OF THE LEGISLATIVE TERM

The legislative term ends due to expiry of the term of office once four years have passed from the date of the elections. The legislative term may also end early if the investiture of the President of the Generalitat fails to take place or if early dissolution has been agreed to by the President of the Generalitat.

ARTICLE 67. ELECTION, NOMINATION, PERSONAL STATUS, CESSATION AND POWERS

  1. The President is the highest representative of the Generalitat and directs the action of the Government. The President also embodies the ordinary representation of the State in Catalonia.
  2. The President of the Generalitat is elected by Parliament from among its members. The limitation of terms of office may be regulated by law.
  3. If after two months from the first investiture vote no candidate has been elected, Parliament shall be automatically dissolved and the acting President of the Generalitat shall call immediate elections which shall take place within from forty to sixty days.
  4. The President of the Generalitat is appointed by the King.
  5. The legal status of the President of the Generalitat is regulated by an Act of Parliament. For the purposes of precedence and protocol in Catalonia, the President of the Generalitat has the pre-eminent position as befits the representative of the Generalitat and the State in Catalonia.
  6. As the ordinary representative of the State in Catalonia, the President has authority to:
    1. Promulgate, in the name of the King, laws, legal decrees and legislative decrees in Catalonia and give the order to publish them.
    2. Give the order to publish appointments to the institutional offices of the State in Catalonia.
    3. Request the collaboration of any State authorities that exercise public functions in Catalonia.
    4. Others as determined by law.
  7. The President of the Generalitat's term of office ends with renewal of Parliament following elections, the passing of a motion of censure or the defeat of a vote of confidence, death, resignation, permanent physical or mental disability acknowledged by Parliament rendering him or her unfit for office, or a confirmed criminal sentence rendering him or her unfit to hold any public office.
  8. The First Minister, if there is one, or the Minister designated by law, replaces and substitutes for the President of the Generalitat in the event of absence, illness, or cessation due to disability or death. This replacement and substitution shall not include exercise of presidential functions with regard to proposal of votes of confidence, designation and cessation of Ministers, or early dissolution of Parliament.
  9. The President of the Generalitat may, in cases where no First Minister has been appointed, temporarily delegate executive functions to another Minister.

Section one. The Government

ARTICLE 68. FUNCTIONS, COMPOSITION, ORGANISATION AND CESSATION

  1. The Government is the superior collegiate body that directs political action and the Administration of the Generalitat. It exercises executive functions and regulatory power in accordance with this Estatut and the law.
  2. The Government consists of the President of the Generalitat, the First Minister, if applicable, and the ministers.
  3. A law shall regulate the organisation, functions and powers of the Government.
  4. Government ends when the office of the President of the Generalitat ends.
  5. All acts, general regulations and rules emanating from the Government or from the Administration of the Generalitat shall be published in the Diari Oficial de la Generalitat de Catalunya. This is sufficient for all purposes for the efficacy of acts and for the entry into force of general regulations and rules.

ARTICLE 69. THE FIRST MINISTER

The President of the Generalitat may, by decree, appoint a First Minister. An account of this appointment shall be given to Parliament. The First Minister is a member of the Government. The office of First Minister, in accordance with the law, has functions of its own, in addition to those delegated by the President of the Generalitat.

ARTICLE 70. PERSONAL STATUS OF THE MEMBERS OF THE GOVERNMENT

  1. The President and the ministers of the Generalitat may not be arrested or detained during their term of office for presumed criminal offences committed in Catalan territory except in cases of flagrant offences.
  2. The Supreme Court of Justice of Catalonia has the authority to decide on the indictment, prosecution and trial of the President of the Generalitat and its ministers. Outside the territory of Catalonia, penal responsibility is invocable on the same terms before the Criminal Chamber of the Spanish Supreme Court.

Section two. The Administration of the Generalitat

ARTICLE 71. GENERAL PROVISIONS AND PRINCIPLES OF ORGANISATION AND FUNCTIONING

  1. The Administration of the Generalitat is the organisation that exercises the executive functions that this Estatut attributes to the Generalitat. It is considered the ordinary administrative body in accordance with the provisions of this Estatut and the law, and without prejudice to the powers of the local administration.
  2. The Administration of the Generalitat objectively serves the general interest and is fully subject to the law.
  3. The Administration of the Generalitat acts in accordance with principles of coordination and comprehensive application, in order to guarantee the integration of public policies.
  4. The Administration of the Generalitat, in accordance with the principle of transparency, shall make public the necessary information to enable citizens to evaluate its management.
  5. The Administration of the Generalitat exercises its functions in the territory of Catalonia in accordance with the principles of deconcentration and decentralisation.
  6. The law shall regulate the organisation of the Administration of the Generalitat and shall determine in all cases:
    1. The types of functional decentralisation and the various forms of public and private personification that the Administration of the Generalitat may adopt.
    2. The forms of organisation and management of public services.
    3. The action of the Administration of the Generalitat in the field of private law, and also the participation of the private sector in the execution of public policies and the provision of public services.
  7. The legal status of staff in the employ of the Administration of the Generalitat shall be regulated by law, and shall include in all cases the incompatibility requirements, the guaranteed provision of training and updating of knowledge, and the necessary praxis for the performance of public functions.

ARTICLE 72. CONSULTATIVE BODIES OF THE GOVERNMENT

  1. The Legal Advisory Commission is the highest consultative body of the Government. Its composition and functions are regulated by an Act of Parliament.
  2. The Economic, Social and Work Council of Catalonia is the consultative and advisory body of the Government in socio-economic, labour, and employment matters. Its composition and functions are regulated by an Act of Parliament.

ARTICLE 73. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE GOVERNMENT TOWARDS PARLIAMENT

  1. The President and the ministers of the Generalitat have the right to attend and speak at meetings of the Plenary Assembly and of the parliamentary committees.
  2. Parliament may request that the Government and its members provide it with the information it considers necessary for the exercise of its functions. It may also request the presence of the Government at Plenary Assembly sessions and parliamentary committee meetings, under the terms established by Parliament's Rules of Procedure.

ARTICLE 74. POLITICAL RESPONSIBILITY OF THE GOVERNMENT AND ITS MEMBERS

  1. Politically, the President and the ministers of the Generalitat answer jointly to Parliament, without prejudice to the direct responsibility of each.
  2. The delegation of functions of the President of the Generalitat does not exempt him or her from political responsibility before Parliament.

ARTICLE 75. EARLY DISSOLUTION OF PARLIAMENT

The President of the Generalitat, on prior deliberation with the Government and under his or her own exclusive responsibility, may dissolve Parliament. This power may not be exercised during the process of a vote of censure, nor may it be exercised if less than one year has passed since the last such dissolution of Parliament. The decree of dissolution shall establish the calling of new elections, which shall take place within forty to sixty days after the date of publication of the decree in the Diari Oficial de la Generalitat de Catalunya.

Section one. The Council for statutory guarantees

ARTICLE 76. FUNCTIONS

  1. The Council for Statutory Guarantees is the institution of the Generalitat that ensures that the regulations of the Generalitat comply with this Estatut and the Constitution, under the terms established in Section 2 below.
  2. The Council for Statutory Guarantees may pass judgement, under the terms established by law, on the following cases:
    1. Compliance with the Constitution of draft bills and proposals to reform the Statute of Autonomy of Catalonia, prior to their approval by Parliament.
    2. Compliance with this Estatut and the Constitution of Government bills and Members' bills submitted for debate and approval by Parliament, and of legal decrees subject to validation by Parliament.
    3. Compliance with this Estatut and the Constitution of draft legislative decrees approved by the Government.
    4. Compliance of Government bills and Members' bills and draft legislative decrees approved by the Government with local autonomy under the terms guaranteed by this Estatut.
  3. Prior to the lodging of appeals on the basis of unconstitutionality by Parliament or Government, the lodging of claims of conflict over jurisdiction by the Government, and the lodging of claims of conflict over the defence of local autonomy before the Constitutional Court, the Council for Statutory Guarantees shall pass judgement on the issue concerned.
  4. The judgements of the Council for Statutory Guarantees in relation to Government bills and Members' bills in Parliament that develop or affect the rights recognised in this Estatut, are binding in nature.

ARTICLE 77. COMPOSITION AND FUNCTIONING

  1. The Council for Statutory Guarantees is composed of members appointed by the President of the Generalitat from among jurists of recognised competence, two thirds of whose members are nominated by Parliament, by a majority of three-fifths of the deputies, and the other third is nominated by Government.
  2. The Council for Statutory Guarantees shall elect a president from among its members.
  3. An Act of Parliament regulates the composition and functioning of the Council for Statutory Guarantees, the status of its members, and the procedures relating to the exercise of its functions. The authority of the Council for Statutory Guarantees to pass judgement, as established by this Estatut, may be extended by law, without these judgements being binding in character.
  4. The Council for Statutory Guarantees has organic, functional and budgetary autonomy in accordance with the law.

Section two. The Ombudsman

ARTICLE 78. FUNCTIONS AND RELATIONS WITH OTHER SIMILAR INSTITUTIONS

  1. The Ombudsman has the function of protecting and defending the rights and freedoms recognised in the Constitution and in this Estatut. To this end, he or she oversees, exclusively, the activity of the Administration of the Generalitat, that of any public or private related bodies that are associated with or answerable to it, that of private companies that manage public services or that carry out activities of general or universal interest, or equivalent activities in a publicly-subsidised or indirect way, and that of other persons with a contractual relationship with the Administration of the Generalitat and with the public bodies which are answerable to it. He or she also oversees the activity of the local administration in Catalonia and that of the private or public bodies which are associated with or answerable to it.
  2. The Ombudsman and the Spanish Ombudsman shall collaborate in the exercise of their functions.
  3. The Ombudsman may request a report from the Council for Statutory Guarantees on Government bills and Members' bills presented for debate and approval by Parliament, and legal decrees presented for validation by Parliament, when these regulate rights recognised in this Estatut.
  4. The Ombudsman may establish collaborative links with the local area ombudsmen and other similar figures created in the public and private spheres.
  5. Public Administration bodies in Catalonia and other entities and individuals referred to in Section 1 above are obliged to cooperate with the Ombudsman. The sanctions and mechanisms intended to guarantee fulfilment of this obligation shall be regulated by law.

ARTICLE 79. DESIGNATION AND STATUS OF THE OMBUDSMAN

  1. The Ombudsman is elected by Parliament by a majority of three-fifths of its members.
  2. The Ombudsman exercises his or her functions with impartiality and independence, is inviolable in regard to any opinions expressed in carrying out his or her duties, is immovable, and may only be removed from office or suspended for the reasons established by law.
  3. The personal status of the Ombudsman, incompatibilities, reasons for cessation, organisation, and powers of the institution shall be regulated by law. The Ombudsman has regulatory, organisational, functional and budgetary autonomy in accordance with the law.

Section three. The Audit Office

ARTICLE 80. FUNCTIONS AND RELATIONS WITH THE ACCOUNTS COURT

  1. The Audit Office is the external regulatory body for the finances, economic management and control of efficiency of the Generalitat, of the local bodies and of the remainder of the public sector in Catalonia.
  2. In organisational terms, the Audit Office is answerable to Parliament, exercises its functions by parliamentary delegation, with full organisational, working and budgetary autonomy, in accordance with the law.
  3. The Audit Office and the Accounts Court shall establish cooperative links by means of an agreement. This agreement shall establish the participation mechanisms in jurisdictional proceedings in regard to account liability.

ARTICLE 81. COMPOSITION, WORK AND LEGAL STATUS

  1. The Audit Office is composed of auditors designated by Parliament by a majority of three-fifths of its members. The chief auditor is elected from among the auditors.
  2. Legal status, incompatibilities, reasons for cessation, and the organisation and work of the Audit Office shall be regulated by law.

Section four. Regulation of the Catalan Broadcasting Authority

ARTICLE 82. THE CATALAN BROADCASTING AUTHORITY

The Catalan Broadcasting Authority is the regulatory independent authority in the field of public and private audio-visual communication. The Catalan Broadcasting Authority acts with full independence from the Government of the Generalitat in carrying out its functions. The criteria for election of its members and its specific fields of action shall be established by an Act of Parliament.

Section one. Local territorial organisation

ARTICLE 83. ORGANIZATION OF LOCAL GOVERNMENT IN CATALONIA

  1. The territorial organisation of Catalonia is based on municipalities and vegueries.
  2. The supra-municipal area is constituted, in all cases, by comarques, which shall be regulated by an Act of Parliament.
  3. Any other supra-municipal entity created by the Generalitat shall be based on the municipalities' desire for collaboration and association.

ARTICLE 84. LOCAL POWERS

  1. This Estatut guarantees municipalities a core set of powers of their own which shall be exercised by them with full autonomy, subject only to controls of constitutionality and legality.
  2. The local governments of Catalonia have in all cases their own powers in the following matters, in the terms determined by law:
    1. Territorial classification and management, town planning and planning restrictions, and the conservation and maintenance of local public property.
    2. Planning, programming and management of public housing and participation in the planning of subsidised housing on municipal land.
    3. Organisation and provision of basic services to the community.
    4. Regulation and management of municipal facilities.
    5. Regulation of safety conditions for activities organised in public spaces and venues, and coordination of the various bodies and forces present in the municipality through the Security Board.
    6. Civil protection and fire prevention.
    7. Planning, organisation and management of infant education, participation in the enrolment process in public and subsidised education centres within the municipal area, the upkeep and control of public centres outside school hours, and the school calendar.
    8. Traffic and mobility services and the management of municipal public transportation.
    9. Regulation of the establishment of authorisations and promotions for all types of economic activity, especially those related to retail, crafts and tourism, and those stimulating employment.
    10. Formulation and management of policies for the protection of the environment and sustainable development.
    11. Regulation and management of sports and leisure facilities, and the promotion of activities.
    12. Regulation of the establishment of telecommunications infrastructures and the provision of telecommunications services.
    13. Regulation and provision of care services, public primary care services and promotion of immigrant reception policies.
    14. Regulation, management and supervision of activities and uses that take place on beaches, rivers, lakes and mountains.
  3. In matters referred to in Section 2 above, the distribution of administrative responsibilities between different local administrations shall take into account management capacities and is governed by the laws passed by Parliament, by the principle of subsidiarity, in accordance with the European Charter of Local Self- Government, by the principle of differentiation, in accordance with the characteristics of the municipality, and by the principle of financial capacity.
  4. The Generalitat shall determine and establish the mechanisms for the financing of new services deriving from the expansion of local government powers.

ARTICLE 85. THE COUNCIL OF LOCAL GOVERNMENTS

The Council of Local Governments is the representative body for municipalities and vegueries in the institutions of the Generalitat. The Council shall be taken into account in parliamentary procedures for legislative initiatives that specifically affect local administrations, and in the processing of plans and regulatory rules of the same nature. An Act of Parliament regulates the composition, organisation and functions of the Council of Local Governments.

Section two. The municipality

ARTICLE 86. THE MUNICIPALITY AND MUNICIPAL AUTONOMY

  1. The municipality is the basic local entity of territorial organisation in Catalonia and the main channel for participation of the local community in public affairs.
  2. Municipal government and administration are the responsibility of the city council, which is composed of a mayor or mayoress and the city councillors. The requirements for the application of an open council system shall be established by law.
  3. The municipality is guaranteed, in this Estatut, the necessary autonomy for the exercise of its powers and the defence of the interests of the community it represents.
  4. The acts and the decisions adopted by the municipalities shall not be subject to control of appropriateness by any other administration.
  5. The Generalitat has the authority to check that any act or decision adopted by municipalities complies with the legal system and, if appropriate, take the necessary action to bring the issue before the contentious-administrative courts, without prejudice to any actions which the State may take in defence of its powers.
  6. City councillors are elected by the residents of the municipalities through a system of universal, equal, free, direct and secret suffrage.
  7. Those concentrations of population within a municipality which form separate nuclei may become decentralised municipal entities. The law shall guarantee their decentralisation and that they have sufficient capacity to carry out the activities and provide the services corresponding to their jurisdiction.

ARTICLE 87. PRINCIPLES OF ORGANISATION AND FUNCTIONING AND REGULATORY POWER

  1. Municipalities have full authority for self-organisation within the framework of the general provisions established by law in matters of municipal organisation and functioning.
  2. Municipalities have the right to associate with other municipalities and to cooperate with each other and with other public bodies in exercise of their powers, and also to carry out other tasks in the common interest. To this effect, they may enter into agreements and create and participate in mancomunitats, consortia and associations, and may also adopt other forms of joint action. The law may not restrict this right unless it is to guarantee the recognised autonomy of other entities.
  3. As an expression of the democratic principle on which they are based, municipalities have regulatory power governing their sphere of powers and in other spheres where their autonomy is applicable.

ARTICLE 88. THE PRINCIPLE OF DIFFERENTIATION

The laws affecting the legal, organic, functional, jurisdictional and financial system of the municipalities shall take into account their different demographic, geographic, functional and organisational characteristics and also their size and capacity for management.

ARTICLE 89. SPECIAL SYSTEM FOR THE MUNICIPALITY OF BARCELONA

The municipality of Barcelona has a special system established by an Act of Parliament. The City Council of Barcelona may propose the modification of this special system and, in accordance with laws passed by Parliament and Parliament's Rules of Procedure, shall participate in the preparation of Government bills affecting this special system and shall be consulted during the parliamentary proceedings of other legislative initiatives affecting the special system.

Section three. The vegueria

ARTICLE 90. THE VEGUERIA

  1. The vegueria is the specific territorial area for the exercise of inter-municipal government for local cooperation, and has legal personality. The vegueria is also the territorial division adopted by the Generalitat for the territorial organisation of its services.
  2. The vegueria, as local government, is territorial in nature and has autonomy in the management of its interests.

ARTICLE 91. THE COUNCIL OF THE VEGUERIA

  1. The government and the autonomous administration of the vegueria are the responsibility of the Council of the Vegueria, which is formed by the president and by the councillors of the vegueria.
  2. The president of the vegueria is chosen by the councillors of the vegueria from among its members.
  3. The councils of the vegueria replace the provincial councils.
  4. The creation, modification, abolition, and also the implementation of the legal system of the vegueries is regulated by an Act of Parliament. Alteration of provincial boundaries, if required, shall be carried out within the terms established by Article 141.1 of the Constitution.

Section four. The comarca and the other supra-municipal local government entities

ARTICLE 92. THE COMARCA

  1. The comarca is a local government entity with legal personality. It is formed by municipalities for the purpose of managing local powers and services.
  2. The creation, modification and abolition of the comarques, and also the establishment of their legal system, is regulated by an Act of Parliament.

ARTICLE 93. OTHER SUPRA-MUNICIPAL LOCAL GOVERNMENT ENTITIES

The other supra-municipal local government entities are founded on the basis of the municipalities' wish to collaborate and enter into association and on recognition of the metropolitan areas. The creation, modification and abolition of these entities, and also the establishment of their legal system is regulated by an Act of Parliament.

ARTICLE 94. LEGAL SYSTEM

  1. Aran has a special legal system established by an Act of Parliament. The specific nature of the institutional and administrative organisation of Aran is recognised by this system, which guarantees this territory autonomy in organising and managing its public affairs.
  2. The institution of government of Aran is the Conselh Generau, which consists of the Síndic, the Plen des Conselhèrs e Conselhères Generaus and the Commission d'Auditors de Compdes. The Síndic is the highest and ordinary representation of the Generalitat in Aran.
  3. The institution of government of Aran is elected by universal, equal, free, direct and secret suffrage, in the form established by law.
  4. The Conselh Generau has powers over the matters determined by the law regulating the special legal system of Aran and all the other laws approved by Parliament, and the authority attributed to it by law, especially that concerning the mountains. Aran, through its representative institution, shall participate in the elaboration of legislative initiatives affecting its special system.
  5. An Act of Parliament establishes sufficient financial resources for the Conselh Generau to be able to provide the services corresponding to its powers.
Update:  20.06.2014