summary
Exhibition of motivations
The statutory experience of the Galician Consultative Council and the regulatory evolution carried out in the different public administrations advise, for reasons of institutional efficiency, the updating of certain instruments referring to the legal regime of the personnel that integrate this consultative body.
With the expressed purpose, it is advisable to process the reform of the regulatory law of the aforementioned institute, Law 3/2014, of April 24, of the Galician Consultative Council.
This legal text is structured in a single article and a final provision.
This modification introduces changes in the composition of the Studies and Reports Section of the Consultative Council of Galicia, with the singular purpose of contemplating the applicable norms for the coverage of the absence among the persons designated as natural consultants and consultants, among them who exercised the presidency of the Government of the Xunta de Galicia, taking into account that, at present, none of them were part of the institution.
It also introduces novelties in the field of transparency, such as the need to publicize the reports prepared by the Studies and Reports Section, which are currently not published, with the only exception being those cases in which the Administration request its confidential or reserved nature.
On the other hand, the regulations were modified to give preference to the use of electronic means and to contemplate the possibility of appearing to formulate allegations through the electronic headquarters, giving specific recognition to this possibility that is already anticipated in the basic regulations and in the common administrative procedure and which also constitutes, with the advancement of new technologies, one of the most livable means of relating to the Administration.
With regard to the staff at the service of the Council, the possibility of approving a transitional professional career system is contemplated, with a provision similar to that established for the staff of other autonomous bodies such as the Accounts Council, the People's Ombudsman or the Parliament de Galicia Finally, it is necessary to adapt the law to the modifications operated by Law 2/2017, of February 8, on fiscal, administrative and management measures, by which the body of lawyers of the Consultative Council is suppressed, in line with the integration of civil servants of the body of lawyers of the Consultative Council of Galicia in the scale of lawyers of the Xunta de Galicia.
For all the above, the Parliament of Galicia approved and I, in accordance with article 13.2 of the Statute of Autonomy of Galicia and with article 24 of Law 1/1983, of February 22, of regulatory norms of the Xunta and of his Presidency, promulgated in number of the king the Law by which Law 3/2014, of April 24, of the Consultative Council of Galicia is changed.
Single article Modification of Law 3/2014, of April 24, of the Consultative Council of Galicia
Law 3/2014, of April 24, of the Consultative Council of Galicia, is modified as follows:
- One. Number 1 of article 21 remains with the following wording:
1. The Studies and Reports Section will be made up of the person holding the Presidency of the Council, who will preside, by an elective counselor or counselor, who will be appointed annually by the Plenary at the proposal of the Council Presidency, and by the Counselors or natural directors.
In the event that there are no ex officio directors or directors, the Studies and Reports Section will be made up of the staff of the Presidency of the Council, who will preside over it, and by two directors or elective directors, whose designation will be made personally by the Plenary has a proposal from the Council Presidency. If during the mandate of the Studies and Reports Section a number of ex-officio directors are constituted, they will not be part of it automatically, without this appointment determining the removal of an elective director or directors.
Once the annual mandate has ended, the Section is renewed in the manner provided in the first paragraph of this article, in the event that there are directors or ex officio, and in the manner provided in the second paragraph, otherwise.
- Back. A number 5 is added to article 21 with the following wording:
5. The reports will be published one month after their approval, except when the Administration formulating the query expressly requests that they not be published.
- Very. Article 26 is left with the following wording:
Article 26 Hearings
The persons or entities directly interested in the matters motivating the consultations may make allegations before the Council, by agreement of the latter, adopted ex officio or a request of those, in the terms provided in the regulations governing the common administrative procedure. The term of allegations will preferably be verified through electronic means and, in any case, in the case of persons obliged to interact electronically with public administrations.
- Four. Article 27 is left with the following wording:
Article 27 Electrical means
The communication and remittance of reports, regulatory proposals and opinions prepared by the Consultative Council of Galicia will be carried out through electronic means, in compliance with the provisions of Law 39/2015, of October 1, on the common administrative procedure of administrations. public. ; Law 40/2015, of October 1, on the legal regime of the public sector; and Royal Decree 203/2021, of March 30, which approves the Regulations for the action and operation of the public sector by electrical means, in addition to complying in this case with the objective of minimizing spending on paper, promoting new technologies and expedite the functioning of this body.
- Five. Number 1 of article 30 remains with the following wording:
Article 30 Legal staff
1. The Consultative Council is assisted by legal personnel, it depends organically and functionally on it, to which corresponds, under the direction and responsibility of the Presidency or of the counselors, the functions of studying the matters submitted for consultation by the Council, the preparation and drafting of the corresponding draft opinions, reports or proposals and the other appropriate functions that the Regulations for the organization and operation of the Council assign. The number of legal staff positions will be determined in the list of jobs.
- six. A fourth transitory provision is added, with the following wording:
Fourth transitory provision Transitional system of recognition of the progression in the administrative career
At the same time, a professional career system is implemented in the Consultative Council of Galicia, to establish, to make the personnel who provide services in the body, a transitional system of recognition of progress in the administrative career that allows personal progress in an voluntary and individualized and that promoted their updating and the improvement of their professional qualification.
The Consultative Council of Galicia will establish the necessary requirements for the application of the transition system provided for in this provision, including, among others, the procedure and requirements for access to said system and for the collection of additional remuneration. When the professional career system is implemented in the Advisory Council, the professional development achieved in application of this provision will be taken into account.
Single final provision Entry into force
This day will enter into force fifteen days after its publication in the Official Gazette of Galicia.
