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weighted voting in the Commission shall inform the plenary.

What law governs the format of the Advisory Committees?

If we look at what does the Basic Law on Local Government in Article 20.1:

"must exist in the municipalities of over 5,000 inhabitants, and the population lower when provided for in the Municipal Organic Rules or has agreed to the House if the regional legislation in this area does not provide otherwise organizational bodies aimed at political groups (...) All members of the corporation shall be entitled to participate in these bodies, through the presence of councilors belonging to them in proportion to the number of Councillors who are in Parliament. "

One is left untouched and no one would say. But one can look into this issue in arts. 123 et seq of the ROF, or in showing their own local regulations, provided they do not contradict the Basic Law.

Regarding the weighted vote does not suggest anything, even if regional and municipal regulations that describe and tolerated. Consulted in all cases, always as an emergency solution for those cases, very rare, in which the composition of the Advisory Committees can not be done with the proportionality test.

But remember that the law on this is clear. All political groups members of the corporation shall be entitled to participate in these bodies, through the presence of councilors belonging to them in proportion to the number of Councillors who are in Parliament. No representation is talk of weighting criteria.

Something that the law adds that "weighted voting is allowed provided there is a state or municipal legislation regulating it."

If the criterion is clear in the agreement creating the Advisory Committees will determine the actual composition of the same, taking into account its composition fits the proportionality between the different groups political parties represented in the Corporation. Counting all the groups with at least one member.

Blog esPublico In referring to several statements:

• The STS of 28 November 1995 considered the establishment of the weighted vote in the committees information is beyond the power of self-organization of the City because it harms the individual status of the council, in addition to the principle of proportionality, because although is true that the agreements that established municipal possibly that proportionality could be achieved, it would be only the functional aspect of the adoption of agreements by the commissions, but not its structure or composition.
• The Supreme Court Judgement of November 30, 1995 that resolves an appeal against the ruling of the Chamber of Administrative Litigation the High Court of Valencia, on an application for full consent of the Corporation, which approved the composition of the Advisory Committees and the weighted voting system for the same: The Supreme Court upheld the action which he brought against resolution adopted in regular meeting of the full City Council, by dismissing the appeal lodged against the agreement of the full special meeting of the Corporation by which it approved the composition of the Commission with information and the weighted voting system the same, declaring that it is not lawful and will cancel. The original ruling annuls municipal agreements concerning the Standing Advisory Committees, as complementary body of the City, pursuant to article 20 c) of Law 7 / 1985 dated April 2, have been endowed with a composition, which is set in such agreements as a Council Member-only or, where appropriate, an alternate, from each political party who has obtained council at City Hall, but giving each Councilman a weighted vote, which represents the total number of Councillors obtained by his party. The arguments put forward by the council, which lacks the Municipal Professional Regulation does not allow you to alter the approach taken by the Board of Valencia on the admissibility of a composition of the Advisory Committees dealing to respect the proportionality through the use of weighted voting mechanism.
• The Constitutional Court has ruled (Case 30/1993, of January 23 and 32/1985 of 6 March) that it is constitutionally permissible non-proportional composition of the Advisory Committees and that, when internal divisions the plenary, they should play as soon as possible of its political structure to prevent the elimination of Councillors participation of the minority in the study phase and preparation of proposals, which is of vital importance, and to prevent steal the minority to participate fully effective in the final study of the decision.
• The Supreme Court considered that the introduction of weighted voting is beyond the power of self-organization of municipalities.

The truth is, that the vote of the council is considered individually and non-delegable. The proportionality guarantees in specific cases this obligation. But weighted voting no. Since the outset dilutes those rights, obligations, within a regulatory commissions unnecessary information and only aims to facilitate the operation.

esPublico The blog reports that "the Advisory Committees are bodies without adjudicative functions essentially have the function of the study, report or query issues that are to be submitted to the decision of the Plenary and the Committee on Government when it acts with powers delegated by Parliament, to conclude that "weighted voting system adopted does not serve to respect the mandate of proportionality in a bodies to study, report and consultation as the Advisory Committees in which proportionality is essentially structural or functional composition and not or deliberative. "

Ultimately

. A municipality's own regulation in this area is only possible with a previous legislation regulating autonomic clearly as we consider the weighted vote. mietras therefore policies that municipalities perform outside their own regional laws or basic laws can involve them estatarl agreements void when they are challenged in court.