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The President of the Autonomous Community of the Region of Murcia
Be known to all citizens of the Region of Murcia, that the Regional Assembly has approved the Law amending Law 4/2004, of October 22, on Legal Aid of the Autonomous Community of the Region of Murcia.
Therefore, under article 30.Two, of the Statute of Autonomy, on behalf of the King, I promulgate and order the publication of the following Law:
preamble
In exercise of the power of self-organization recognized in articles 10.One.1 and 51 of the Statute of Autonomy (LRM1982/543) for the Region of Murcia and with the aim of regulating the organization and operation of the Legal Services of the Region of Murcia enacted Law 4/2004, of October 22, on Legal Assistance of the Autonomous Community of the Region of Murcia, which to date has been subject to specific modifications included in Laws 11/2007, of December 27, 14/2012, of December 27, 2/2017, of February 13, and 1/2022, of December 24.
In coordination with the Directorate of Legal Services and in order to achieve greater coherence in the system and harmonize the Legal Aid Law with its development regulations, this is why this law is promulgated that modifies, in its sole article, Law 4/2004, of October 22, on Legal Assistance of the Autonomous Community of the Region of Murcia, specifically its articles 2.1 and 11.1.
In the first place, in any case, the modification of article 2.1, is intended to provide greater coherence to the system, and to harmonize the Legal Aid Law, avoiding dysfunctionalities in the exercise of the contentious function, which makes it necessary to modify said precept. , provide in an integrated way and in a standard with the force of law the regulation and management of said function for the entire regional public sector, especially with respect to the Murcian Health Service.
Consequently, the function of representation and defense in court of the Murcian Health Service attributes to the lawyers of the Legal Services Directorate, without the need to sign the corresponding agreement, not only by the entity of the matters in which it is sued. the aforementioned public business entity, but also because of the important economic repercussion that is assumed on the General Budgets of the Community.
In this section, the modification of article 11.1 of the law is intended to alleviate the existing legal distortion between the Law of Legal Aid of the Autonomous Community of the Region of Murcia and its implementing regulations, re-introducing its text in the existing second paragraph. prior to Law 2/2017, of February 13, on urgent measures for the reactivity of business activity and employment through liberalization and the suppression of bureaucratic burdens, which are ignored in its third additional provision to include in the modification of the aforementioned precept the second paragraph of the same that is now included.
Although they do not have an imperative nature for regional legislative initiatives, this modification is appropriate to the principles of good regulation contained in article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, insofar as to necessity, effectiveness, proportionality, legal certainty, transparency and efficiency.
Indeed, it is necessary to modify Law 4/2004 both to integrate the possibility of legal defense with reference to the entire regional public sector and give special consideration to the Murcian Health Service, as well as to avoid discrepancies between the legal and regulatory regulations. regarding the powers of the Director of Legal Services and this modification must be carried out by law, given the rank of the regulation that it affects.
In the same way, the modification is limited to those precepts that are essential to meet its purpose, without respecting rights of any kind, so it can be classified as proportional.
In this way, the regulatory framework is provided with greater legal certainty, in coherence with the rest of the current legal system, without including additional terms.
On the other hand, it is a rule whose repercussion is limited to the operation of the Legal Services Directorate itself, without significance with respect to other possible recipients outside the Regional Administration, so it is not possible to give these active participation in its preparation. .
Finally, this regulatory initiative does not imply the creation of new administrative burdens.
Sole Article Law 4/2004, of October 22, on Legal Assistance of the Autonomous Community of the Region of Murcia, was modified in the following terms
- A. Section 1 of article 2 is worded as follows:
1. The Lawyers of the Autonomous Community attached to the Directorate of Legal Services may assume the representation and defense of public business entities and other public law entities linked or dependent on the Regional Public Administration, regional commercial companies, public sector foundations autonomous and consortiums attached to it, by signing the appropriate agreement to that effect, in which the economic compensation is determined as a bonus to the Treasury of the Region of Murcia.
Except for the provisions of the previous paragraph to the Murcian Health Service, whose representation and defense in court will be assumed by the Lawyers of the Legal Services Directorate. For these purposes, in addition, the Murcian Health Service will make available to said management center, where appropriate, the personal and material means necessary for the performance of said function.
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- Behind. Section 1 of article 11 is worded as follows:
1. Except in cases of demand or ex officio communications referred to in Law 36/2011, of October 10, regulating the social jurisdiction, the exercise of actions, withdrawal or search number of the Regional Administration and its agencies self-employed Requires a prior report from the Legal Services Department. This reports to be, where appropriate, prior to the declaration of harmfulness, when this is mandatory.
For reasons of urgency, the Director of Legal Services may authorize the exercise of judicial actions, immediately informing the body entitled to exercise it, which resolves what is appropriate.
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Final disposition
This law will enter into force the day after its publication in the Official Gazette of the Kingdom of Murcia.
Therefore, I order all citizens to whom this Law is applicable, to comply with it and the corresponding Courts and Authorities to enforce it.
