The full City has a structure in which we distinguish three phases:
. The preparation phase
. considered solving phase in full .
. Considered phase of oversight and control bodies of government.
These phases have their reason in the current legislation and jurisprudence on the subject which we shall discuss:
Today Stage 2 of the regular meetings devoted to monitoring and control of the government team requires not only include the pleadings but general all the instruments of control and supervision, as is the case of proposals and motions to the floor, which will also be present in the 1 st phase of the whole, but in this case, as a more open reading and discussion, but not requires a vote.
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ROF 82.4 of which has arranged the agenda of regular sessions will always include the point of questions and answers. The prayers and questions are a means of control and supervision of the governing bodies, and of course, only they can be formulated.
general doctrine is that the control of the governing bodies including all the instruments mentioned by the ROF, among which are the questions and answers but also the motions or proposals, partly because this avoids a repeated and required use by council members who are not part of the Governing Body of the possibility of convening extraordinary plenary session at the request of 1 / 4 of the council.
Art. 42 of ROF provides: "The Mayor will report briefly to the Corporation, at each ordinary session of the plenary, resolutions it has taken since the last ordinary plenary session for Councillors about the progress of municipal administration for the purposes of control and control of the governing bodies, pursuant to art. 22.2 to) of Law 7 / 1985 of April 2. " This is possible in the second part of the session on the Control and Supervision.
should not forget that both proposals and motions can be also because of its content means or instruments of control and supervision so he will be addressing in the first or the second part of the session.
this issue as very important since it is based on the difference between what is so variable intrerpreta of all municipalities in Spain.
If the motion that we present has a content of proposed development or management, the emergency will be treated in the first part of the session according to the procedure established by the General Secretariat report. / / But if the motion is to control, query, analysis and enactment of municipal management will be included in the second part of the session, and in this case, there is no prior determination of emergency inasmuch as it is not decisive, does not include adoption of the agreement.
Art. 46.2 e) LEBRL states that "the full routine, the part devoted to control of other organs of government, must submit proper noun resolutory distinct from ...". The restrictive interpretation of existing legislation does reduce the effect of this phase of full and, therefore, does not take into account this situation.
Art. 23.1 of the EC welcomes the fundamental right of Councillors to participate in public affairs is violated when it supports and protects a deliberate restriction of the control phase in the municipal plenary sessions. The
ordinary instruments available to the right to carry out this control function are:
- Dación accounts.
- Questions and answers.
- Motions. Are submitted directly to the consideration of Parliament without knowledge of it not being included in the agenda of the regular session.
When the motion is used as a means of control or oversight, differing from those that are treated in the phase solving and include proposals, the proposal must be configured as a political group to which the government team make a statement on a topic of jurisdiction of the municipality, or to explain the motives or purposes of the government team on municipal politics.
- The proposal, signed by the spokesperson or spokespersons of opposition groups, submitting a case plenary consideration. When used as an instrument of censure, criticism or censure of a Councillor or body-man rule.
- Censorship of any specific action related to its role Alderman and even alien to it if it leads to damage and deterioration of the institution he represents.
The varied interpretation of existing legislation makes the other side, so unspecific. Repeatedly has forced the use of satellite Administrative Disputes for breach of Fundamental Rights achieve the extension of these rights in full sessions of many municipalities.
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