Hierarchy rules governing the organization of full municipal
Any approach to the law applicable to local government meetings (next Full Council) must include respect throughout the organization and development of Article 23 EC and the fundamental right participate effectively in public affairs covered by this constitutional provision.
An incomplete or restrictive interpretation as developed or organized by the Municipal Council. Or any other condition that restricts the rights guaranteed by the Constitution, faced with this provision. Something that justifies the claim for infringement of fundamental rights which come in the contentious-administrative who believe strictly applied or interpreted the varied legislation that addresses the situation of the Full Council.
The law of the Full Council considers this a formal act of the collective bodies of local authorities whose purpose is to discuss and approve proposals on the one hand, and control to local government bodies, on the other.
The Full Council is the meeting of the members of the local corporation to comply with the formalities established for their call, which is in the right place, which has the "Quorum" and makes it necessary in order to try and resolve as appropriate on the agenda.
The first question that arises on the legal regime applicable to municipal plenary sessions is referred to the areas and their hierarchy of norms.
The STC of December 21, 1989 states that the constitutional division of powers is based on the recognition of three policy areas relevant to the basic law of the state (art. 149.1.18 of the EC), the implementing legislation Autonomous Communities according to the Statutes and statutory authority of the Municipalities, inherent in the latter to autonomy guaranteed by the Constitution, in Article 140.
And these three areas in turn determines the priority of this legislation
plural .- State rules.
LRBRL Both speak as operating ROF local corporations refer to all rules governing the formation and expression of the will of its organs, mainly the members.
set of rules that refer to a strict regime is often called session. Failure
session scheme involves going against the fundamental rights of both the representatives and the represented, under which its members represent popular will and democratically established by the election.
applicable state legislation is contained in the following precepts:
Articles 46 to 54 and 122 to 128 (large populations) LRBRL
Articles 46 to 60 TRRL
Articles 77 to 118 ROF
REGULATIONS OF THE EUROPEAN
According
STC of December 21, 1989 must be acknowledged a policy area for the implementing legislation of the Autonomous Communities. This legislation is broad, generous and very original. And in conclusion, just clarifying the State regulations. PROFESSIONAL REGULATION
CORPORATION
Corporations have the jurisdiction to approve its own rules of internal organ that will regulate all aspects of its operations as they deem appropriate with respect to the provisions of national and regional legislation promulgated pursuant to the constitutional division of powers.
The reality is that these regulations have a residual effect to state laws and regional regulations. You can specify issues that are already addressed in the legislation is very specific top, never going against them.
His main field of application is in the regulation of those bodies complementary to all local authorities and specific municipalities. Where Regulation Orgánico de la Corporación toma un protagonismo que no tiene en la regulación de los órganos que se consideran esenciales para el funcionamiento de las Corporacion Locales.
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