The General Directorate of Relations with Autonomous Communities and Local Entities was a governing body of the General Secretariat of Territorial Coordination that between 2017 and 2018 was in charge of relations between the Government and other State administrations. The general direction was eliminated on June 23, 2018.[2].
Features
Due to the complex area that this General Directorate deals with, it had numerous functions, and they were the following:[3].
• - The analysis, promotion and monitoring of the multilateral cooperation relations between the General Administration of the State and the Administrations of the Autonomous Communities and the activity of the multilateral cooperation bodies between them, especially the Sectoral Conferences; and, in particular, the support and assistance provided to the Ministerial Departments for this purpose, as well as the monitoring of the decisions adopted in them.
• - The organization, promotion and coordination of the system of interdepartmental and inter-administrative collaboration relations related to the execution of the Market Unity Guarantee Program and the implementation of Law 20/2013, of December 9, guaranteeing market unity, in coordination with the Ministry of Economy, Industry and Competitiveness.
• - The report on the draft agreements signed between the General Administration of the State and its public bodies "Public Body (Spain)") and linked or dependent public law entities, with the Administrations of the Autonomous Communities and local entities, prior to the authorization of the Ministry of Finance and Public Function referred to in article 50.2.c) of Law 40/2015, of October 1, on Regime Legal of the Public Sector.
• - The promotion and monitoring of the joint plans referred to in article 151.2.a) of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
• - The analysis, promotion and technical coordination in the General Administration of the State of the use of official languages, through the Council of Official Languages in the General Administration of the State and the Office for Official Languages, as well as compliance with the European Charter of Regional and/or Minority Languages, of the Council of Europe, particularly through the preparation of triannual monitoring reports.
• - The management of the state Electronic Registry of Cooperation Bodies and Instruments of the state public sector, section corresponding to the Cooperation Bodies.
Interdepartmental coordination
Introduction
The General Directorate of Relations with Autonomous Communities and Local Entities was a governing body of the General Secretariat of Territorial Coordination that between 2017 and 2018 was in charge of relations between the Government and other State administrations. The general direction was eliminated on June 23, 2018.[2].
Features
Due to the complex area that this General Directorate deals with, it had numerous functions, and they were the following:[3].
• - The analysis, promotion and monitoring of the multilateral cooperation relations between the General Administration of the State and the Administrations of the Autonomous Communities and the activity of the multilateral cooperation bodies between them, especially the Sectoral Conferences; and, in particular, the support and assistance provided to the Ministerial Departments for this purpose, as well as the monitoring of the decisions adopted in them.
• - The organization, promotion and coordination of the system of interdepartmental and inter-administrative collaboration relations related to the execution of the Market Unity Guarantee Program and the implementation of Law 20/2013, of December 9, guaranteeing market unity, in coordination with the Ministry of Economy, Industry and Competitiveness.
• - The report on the draft agreements signed between the General Administration of the State and its public bodies "Public Body (Spain)") and linked or dependent public law entities, with the Administrations of the Autonomous Communities and local entities, prior to the authorization of the Ministry of Finance and Public Function referred to in article 50.2.c) of Law 40/2015, of October 1, on Regime Legal of the Public Sector.
• - The promotion and monitoring of the joint plans referred to in article 151.2.a) of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
• - The analysis, promotion and technical coordination in the General Administration of the State of the use of official languages, through the Council of Official Languages in the General Administration of the State and the Office for Official Languages, as well as compliance with the European Charter of Regional and/or Minority Languages, of the Council of Europe, particularly through the preparation of triannual monitoring reports.
• - The legal monitoring of the competence aspects of the regulatory projects, provisions and acts of the autonomous communities from the point of view of their adaptation to the Constitution and the constitutional block, especially through the Commission for Monitoring Provisions and Acts of the Autonomous Communities, including, when appropriate, their analysis in the scope of the Market Unity Guarantee.
• - The report on matters that affect the distribution of powers with the autonomous communities that are indicated by the competent bodies for this purpose and in the cases provided for in article 26.5 of Law 50/1997, of November 27, of the Government, including, where appropriate, its impact on powers in the field of the Market Unity Guarantee.
• - The coordination of the actions of the Bilateral Cooperation Commissions in relation to compliance with the provisions of article 33 of Organic Law 2/1979, of October 3, of the Constitutional Court, as well as the promotion of cooperation relations with the ministerial departments for the prevention and extra-procedural solution of jurisdictional conflict "Competence conflict (Spain)").
• - The preparation of proposals for agreements by the President of the Government or the Council of Ministers on unconstitutionality appeals "Unconstitutionality appeal (Spain)"), incompetence requirements and jurisdictional conflicts.
• - The performance of the functions of the secretariats of the Bilateral Cooperation Commissions and, in general, the participation in bilateral cooperation bodies between the State and the autonomous communities, unless the rule creating the bilateral cooperation body or that which regulates its composition results otherwise, as well as the monitoring of the execution of the agreements adopted in them.
• - The analysis and assessment of the aspects related to the transfers of functions and services to the autonomous communities, the coordination of the secretariats of the Joint Transfer Commissions, the collaboration with the Ministry of Finance and Public Function and with the Ministries affected by the transfer in the economic assessment of the effective costs of the services subject to transfer, as well as the processing, promotion and monitoring of all phases of the transfer procedures until the adoption of the agreements of the Joint Commissions and their approval by the Government.
• - Relations and collaboration with the autonomous communities and with local entities, directly or through their associations, in matters of local government and administration, within the scope of powers that correspond to the General Secretariat of Territorial Coordination.
• - The preparation of the affairs and the execution of the agreements of the Sectoral Conference for Local Affairs, of the National Commission of Local Administration, of the Inter-administrative Commission of Capitalism and of the State-Autonomous Community of Catalonia-Barcelona City Council Collaboration Commission, performing the functions of the secretariat of these bodies and those that are supportive.
• - The preparation, proposal and report of the State provisions that affect local entities"), the monitoring and reporting of laws, projects and law proposals of the autonomous communities that affect the aforementioned entities and the legal advice to public administrations on matters of local legal regime.
• - The management of the Registry of Local Entities referred to in article 3 of Law 7/1985, of April 2, Regulating the Bases of the Local Regime.
• - The recognition of the signature of the documents issued by local entities, within the diplomatic legalization procedure of these documents when they must take effect in countries that are not signatories of the Hague Convention "Hague Convention (Apostille)"), of October 5, 1961.
• - The management of local indicator systems related to the powers of the General Directorate of Relations with Autonomous Communities and Local Entities.
• - The preparation of proposals for agreement by the Council of Ministers regarding municipal popular consultations.
• - The monitoring and processing of issues that arise between municipalities belonging to different autonomous communities regarding the demarcation of their municipal boundaries.
• - The management of local economic cooperation programs and the corresponding state budget credits as well as the European application programs in the area of local entities.
• - Technical assistance and consultation of local entities in relation to matters of economic content, within the scope of powers of the General Directorate.
• - Acting as an intermediate body for the management of Community Funds directed to local entities, when this has been provided for in the corresponding legal instrument.
• - The preparation of the affairs and the execution of the agreements of the Conference for Matters Related to the European Union and the performance of the functions of the secretariat of the Conference and its support bodies.
• - Monitoring the participation of the autonomous communities and local entities in European affairs and their activities abroad, in collaboration with the Ministry of Foreign Affairs and Cooperation and the other ministerial departments, and the preparation and participation in European and international forums and working groups with functions related to territorial, regional and local policy.
• - The functions related to the cross-border cooperation of the autonomous communities and local entities and their authorization for participation in European Territorial Cooperation Groups, as well as the preparation of reports prior to the authorization that corresponds to the Council of Ministers in relation to said Groups.
• - The initiation and instruction of procedures for the determination and impact of responsibilities for non-compliance with European Union Law or international treaties or conventions to which Spain is a party.
organic structure
The General Directorate of Relations with the Autonomous Communities and Local Entities was made up of the following units with the organic level of General Subdirectorate:.
• - The General Subdirectorate of Autonomous Cooperation.
• - The General Subdirectorate of Autonomous Legal Regime.
• - The General Subdirectorate of Transfers and Bilateral Relations with the Autonomous Communities.
• - The General Subdirectorate of Local Administration.
• - The General Subdirectorate of Local Cooperation.
• - The General Subdirectorate of European and International Relations.
• - Ministry of the Presidency and Territorial Administrations.
• - Secretary of State for Territorial Administrations.
• - Sectoral Conference.
• - European Regional Development Fund.
• - General access portal to the public administrations of the Kingdom of Spain.
[3] ↑ Real Decreto 771/2017, de 28 de julio, por el que se desarrolla la estructura orgánica básica del Ministerio de la Presidencia y para las Administraciones Territoriales y se modifica el Real Decreto 424/2016, de 11 de noviembre, por el que se establece la estructura orgánica básica de los departamentos ministeriales.: https://www.boe.es/buscar/act.php?id=BOE-A-2017-9014
• - The management of the state Electronic Registry of Cooperation Bodies and Instruments of the state public sector, section corresponding to the Cooperation Bodies.
• - The legal monitoring of the competence aspects of the regulatory projects, provisions and acts of the autonomous communities from the point of view of their adaptation to the Constitution and the constitutional block, especially through the Commission for Monitoring Provisions and Acts of the Autonomous Communities, including, when appropriate, their analysis in the scope of the Market Unity Guarantee.
• - The report on matters that affect the distribution of powers with the autonomous communities that are indicated by the competent bodies for this purpose and in the cases provided for in article 26.5 of Law 50/1997, of November 27, of the Government, including, where appropriate, its impact on powers in the field of the Market Unity Guarantee.
• - The coordination of the actions of the Bilateral Cooperation Commissions in relation to compliance with the provisions of article 33 of Organic Law 2/1979, of October 3, of the Constitutional Court, as well as the promotion of cooperation relations with the ministerial departments for the prevention and extra-procedural solution of jurisdictional conflict "Competence conflict (Spain)").
• - The preparation of proposals for agreements by the President of the Government or the Council of Ministers on unconstitutionality appeals "Unconstitutionality appeal (Spain)"), incompetence requirements and jurisdictional conflicts.
• - The performance of the functions of the secretariats of the Bilateral Cooperation Commissions and, in general, the participation in bilateral cooperation bodies between the State and the autonomous communities, unless the rule creating the bilateral cooperation body or that which regulates its composition results otherwise, as well as the monitoring of the execution of the agreements adopted in them.
• - The analysis and assessment of the aspects related to the transfers of functions and services to the autonomous communities, the coordination of the secretariats of the Joint Transfer Commissions, the collaboration with the Ministry of Finance and Public Function and with the Ministries affected by the transfer in the economic assessment of the effective costs of the services subject to transfer, as well as the processing, promotion and monitoring of all phases of the transfer procedures until the adoption of the agreements of the Joint Commissions and their approval by the Government.
• - Relations and collaboration with the autonomous communities and with local entities, directly or through their associations, in matters of local government and administration, within the scope of powers that correspond to the General Secretariat of Territorial Coordination.
• - The preparation of the affairs and the execution of the agreements of the Sectoral Conference for Local Affairs, of the National Commission of Local Administration, of the Inter-administrative Commission of Capitalism and of the State-Autonomous Community of Catalonia-Barcelona City Council Collaboration Commission, performing the functions of the secretariat of these bodies and those that are supportive.
• - The preparation, proposal and report of the State provisions that affect local entities"), the monitoring and reporting of laws, projects and law proposals of the autonomous communities that affect the aforementioned entities and the legal advice to public administrations on matters of local legal regime.
• - The management of the Registry of Local Entities referred to in article 3 of Law 7/1985, of April 2, Regulating the Bases of the Local Regime.
• - The recognition of the signature of the documents issued by local entities, within the diplomatic legalization procedure of these documents when they must take effect in countries that are not signatories of the Hague Convention "Hague Convention (Apostille)"), of October 5, 1961.
• - The management of local indicator systems related to the powers of the General Directorate of Relations with Autonomous Communities and Local Entities.
• - The preparation of proposals for agreement by the Council of Ministers regarding municipal popular consultations.
• - The monitoring and processing of issues that arise between municipalities belonging to different autonomous communities regarding the demarcation of their municipal boundaries.
• - The management of local economic cooperation programs and the corresponding state budget credits as well as the European application programs in the area of local entities.
• - Technical assistance and consultation of local entities in relation to matters of economic content, within the scope of powers of the General Directorate.
• - Acting as an intermediate body for the management of Community Funds directed to local entities, when this has been provided for in the corresponding legal instrument.
• - The preparation of the affairs and the execution of the agreements of the Conference for Matters Related to the European Union and the performance of the functions of the secretariat of the Conference and its support bodies.
• - Monitoring the participation of the autonomous communities and local entities in European affairs and their activities abroad, in collaboration with the Ministry of Foreign Affairs and Cooperation and the other ministerial departments, and the preparation and participation in European and international forums and working groups with functions related to territorial, regional and local policy.
• - The functions related to the cross-border cooperation of the autonomous communities and local entities and their authorization for participation in European Territorial Cooperation Groups, as well as the preparation of reports prior to the authorization that corresponds to the Council of Ministers in relation to said Groups.
• - The initiation and instruction of procedures for the determination and impact of responsibilities for non-compliance with European Union Law or international treaties or conventions to which Spain is a party.
organic structure
The General Directorate of Relations with the Autonomous Communities and Local Entities was made up of the following units with the organic level of General Subdirectorate:.
• - The General Subdirectorate of Autonomous Cooperation.
• - The General Subdirectorate of Autonomous Legal Regime.
• - The General Subdirectorate of Transfers and Bilateral Relations with the Autonomous Communities.
• - The General Subdirectorate of Local Administration.
• - The General Subdirectorate of Local Cooperation.
• - The General Subdirectorate of European and International Relations.
• - Ministry of the Presidency and Territorial Administrations.
• - Secretary of State for Territorial Administrations.
• - Sectoral Conference.
• - European Regional Development Fund.
• - General access portal to the public administrations of the Kingdom of Spain.
[3] ↑ Real Decreto 771/2017, de 28 de julio, por el que se desarrolla la estructura orgánica básica del Ministerio de la Presidencia y para las Administraciones Territoriales y se modifica el Real Decreto 424/2016, de 11 de noviembre, por el que se establece la estructura orgánica básica de los departamentos ministeriales.: https://www.boe.es/buscar/act.php?id=BOE-A-2017-9014