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Organic Law No. 6/2006 of July 19, 2006 on the Revision of the Statute of Autonomy of Catalonia (As amended by State Law No. 16/2010 of July 16, 2010) (Spain [es]) Law No 6/2006

Organic Law No. 6/2006 of July 19, 2006 on the Revision of the Statute of Autonomy of Catalonia (As amended by State Law No. 16/2010 of July 16, 2010) (Spain [es]) Law No 6/2006

© 2017 Oxford University Press
 

JUAN CARLOS I, KING OF SPAIN,

TO ALL WHOM MAY SEE OR HEAR OF THIS TEXT, KNOW

THAT THE NATIONAL PARLIAMENT HAS ADOPTED, THE CITIZENS OF CATALONIA HAVE RATIFIED IN A REFERENDUM AND I HAVE ASSENTED TO THE FOLLOWING ORGANIC LAW.

Preamble

Catalonia has been built over time with the contributions of the energies of many generations and many traditions and cultures that have found here a land of welcome.

The people of Catalonia have maintained over the centuries a constant vocation for self-government, enshrined in their own institutions like the Generalitat1, which was created in 1359 by the Parliament of Cervera, and in a specific legal order that is recognized in the Constitucions i alters drets de Catalunya2 among other compilations of laws. Since 17143, there have been various attempts to recover the autonomous institutions. Prominent milestones in this historic journey are, among others, the Commonwealth4 of 1914, the restoration of the Generalitat with the Statute of 1932, its re-establishment in 1977 and the Statute of 1979, which was born with the advent of democracy, the national Constitution of 1978 and the State of autonomous regions.

The collective liberty of Catalonia finds in the institutions of the Generalitat the link with a history of affirmation and respect regarding fundamental rights and the public liberties of the person and peoples; a history that the men and women of Catalonia wish to pursue with the purpose of building a democratic and advanced society and prosperity and progress together with the rest of Spain and anchored in Europe.

The people of Catalonia continue to proclaim today justice and liberty as the highest values of their collective life and declare their wish to advance along a way of progress that ensures a decent quality of life for all those who live and work in Catalonia.

The public authorities are at the service of the general interest and the rights of the citizenry while respecting the principle of subsidiarity.

It is because of all this that, emulating the Preamble of the Statute of 1979, this Statute assumes that:

Catalonia is a land rich in regions and peoples, which is a diversity that has defined and enriched it for centuries and which strengthens it for future times.

Catalonia is a community of free persons for free persons where everyone may live and express their diverse identities with a wholehearted commitment by the community based on respect for the dignity of all and every one of these persons.

The contribution of all citizens has shaped an integrated community with the effort of courage and a capacity of innovation and enterprise, which are values that continue to foster its progress.

The self-government of Catalonia is based on the Constitution5 as well as on the historical rights of the Catalan people which, within the framework of the former, give rise in this Statute to the recognition of the special position of the Generalitat. Catalonia wishes to develop its political identity within a State6 that recognizes and respects the diversity of the identities of the peoples of Spain.

The civic and associative tradition of Catalonia has always been underlain by the importance of the Catalan language and culture, of rights and duties, of knowledge, of education, of social cohesion, of sustainable development and of the equality of rights, especially today the equality between men and women.

Catalonia participates, through the State, in the construction of the political project of the European Union, whose values and objectives it shares.

Catalonia, by reason of its humanist tradition, affirms its commitment to all peoples to construct a just and peaceful world order.

The Parliament of Catalonia, recognizing the sentiment and will of the citizenry of Catalonia, has defined Catalonia by a substantial majority to be a nation7. The Spanish Constitution, in its second Article, recognizes the national reality8 of Catalonia as a nationality.

In the exercise of the inalienable right of Catalonia to self-government, the Catalan parliamentarians propose, the Constitution Committee of the Congress of Deputies9 agrees, the national Parliament approves and the people of Catalonia ratify this Statute.

Preliminary Title

Article 1  Catalonia

Catalonia, as a nation, exercises its self-government by constituting itself as an Autonomous Community in accordance with the Constitution and this Statute, which is its basic institutional law.

Article 2  Generalitat

1.  The Generalitat is the institutional system within which the self-government of Catalonia is organized politically.

2.  The Generalitat is composed of Parliament, the Presidency of the Generalitat, the Government and the other institutions established by Chapter V of Title II.

3.  The municipalities, regions10, districts11 and other local bodies set up by law are also part of the institutional system of the Generalitat, as bodies in which it is organized territorially without prejudice to its autonomy.

4.  The powers of the Generalitat emanate from the people of Catalonia and are exercised in accordance with the provisions of this Statute and the Constitution.

Article 3  Political framework

1.  The relations between the Generalitat and the State are founded on the principle of mutual institutional loyalty and are governed by the general principle according to which the Generalitat is a State, by way of the principle of autonomy, that of bilateralism and also that of multilateralism.

2.  Catalonia has its geographical and political space of reference in the Spanish State and the European Union and incorporates the values, principles and obligations that derive from the fact of being part of them.

Article 4  Rights and guiding principles

1.  The public authorities of Catalonia must promote the full exercise of the freedoms and rights recognized by this Statute, the Constitution, the European Union, the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and the other international treaties and agreements to which Spain is a party and which recognize and guarantee fundamental rights and freedoms.

2.  The public authorities of Catalonia must foster the conditions necessary to make the freedom and equality of individuals and groups real and effective; they must facilitate the participation of all persons in political, economic, cultural and social life and they must recognize the right of peoples to maintain and develop their identity.

3.  The public authorities of Catalonia must promote the values of liberty, democracy, equality, pluralism, peace, justice, solidarity, social cohesion, gender equity and sustainable development.

Article 5  Historical rights

The self-government of Catalonia is also founded on the historic rights of the Catalan people, on its age-old institutions and Catalan legal tradition, which this Statute incorporates and updates under Article 2, the Second Transitional Provision and other precepts of the Constitution, from which is derived the recognition of the special position of the Generalitat in relation to the civil law, the language, culture, the projection of these within the educational system and the institutional system in which the Generalitat is organized.

Article 6  The native and the official languages

1.  The native language of Catalonia is Catalan. As such, Catalan is the normal and preferred language used12 by the public administrative authorities and public means of communication of Catalonia, and it is also the language normally used as a vehicle for learning in education.

2.  Catalan is the official language Catalonia. So is Castilian13, which is the official language of the Spanish State. All persons have the right to use the two official languages and the citizens of Catalonia have the right and duty to know them. The public authorities must take the necessary measures to facilitate the exercise of these rights and the performance of this obligation. In accordance with the provisions of Article 32 there may be no discrimination on the basis of the use of one or the other language.

3.  The Generalitat and the State must undertake the necessary actions to secure the recognition of the official status of Catalan in the European Union and the presence and use of Catalan in international organizations and in international treaties that are cultural or linguistic in content.

4.  The Generalitat must foster communication and cooperation with the other communities and territories that share a linguistic heritage with Catalonia. To this effect, the Generalitat and the State, as the case may be, may conclude agreements, treaties and other mechanisms of collaboration in order to promote and disseminate Catalan externally.

5.  The Occitan language, called Aranés14 in Aran, is the native language of this territory and has official status in Catalonia, in accordance with the provisions of this Statute and the laws on linguistic standardization.

Article 7  The political status of Catalans

1.  Spanish citizens who have their official place of residence in Catalonia enjoy the political status of Catalans or Catalan citizens. Their political rights are exercised in accordance with this Statute and the law.

2.  Spaniards resident abroad enjoy, as Catalans, the political rights set out in this Statute if they had their last official place of residence in Catalonia, as well as their descendants who keep their citizenship, if they so request and in the manner set out by law.

Article 8  Symbols of Catalonia

1.  Catalonia, defined as a nation in Article 1, has as national symbols the flag, the official holiday and the anthem.

2.  The flag of Catalonia is the traditional one with four red stripes on a yellow background and must be present on public buildings and at official events that take place in Catalonia.

3.  The official holiday of Catalonia is the Eleventh of September.

4.  The anthem of Catalonia is “Eis segadors.”

5.  Parliament must regulate the various expressions of the symbolic framework of Catalonia and set down their order of protocol.

6.  The legal protection of the symbols of Catalonia is the same as that for the other symbols of the State.

Article 9  The territory

The territory of Catalonia comprises the geographical and administrative borders of the Generalitat at the moment of the entry into force of this Statute.

Article 10  The capital

The capital of Catalonia is the city of Barcelona, which is the permanent seat of Parliament, the Presidency of the Generalitat and the Government, without prejudice to the fact that Parliament and the Government may meet in other places in Catalonia, in accordance with the provisions, respectively, of the rules of procedure of Parliament and the law.

Article 11  Aran

1.  The Aranese people exercise self-government through this Statute, the General Council of Aran and their other own institutions.

2.  The citizens of Catalonia and their political institutions recognize Aran as an Occitanian reality endowed with a cultural, historical, geographical and linguistic identity that has been defended by the Aranese throughout the centuries. This Statute recognizes, protects and respects this particularity and recognizes Aran as a special territorial entity within Catalonia that is the subject of a special protection by means of a special legal system.

Article 12  Territories with historical, linguistic and cultural links with Catalonia

The Generalitat must promote communication, cultural interchange and cooperation with the communities and territories, belonging or not to the Spanish State and which have historical, linguistic and cultural links with Catalonia. For this purpose, the Generalitat and the State, as the case may be, may conclude agreements, treaties and other instruments of collaboration in all areas, and this may include the creation of common bodies.

Article 13  Catalan communities outside Catalonia

The Generalitat, in the terms set out by law, must foster the social, economic and cultural links with the Catalan communities outside Catalonia and must give them the necessary assistance. To this end, the Generalitat, as the case may be, may conclude cooperation agreements with the public and private institutions of the territories and countries where Catalan communities are found outside Catalonia and may ask the State to conclude international treaties on this matter.

Article 14  Territorial validity of laws

1.  The laws and regulations of the Generalitat and the civil law of Catalonia have legal force throughout the territory, without prejudice to the exceptions that may be established in any matter and situations that are ruled by one’s personal status or other rules of an extraterritorial nature.

2.  Foreigners who acquire Spanish nationality are subject to the civil law of Catalonia as long as they maintain their official place of residence in Catalonia, unless they express a desire to the contrary.

Title I  Rights, Duties and Guiding Principles

Chapter I  Civil and Social Rights and Duties

Article 15  Rights of individuals

1.  The citizens of Catalonia have the rights and duties set out in the provisions referred to in Article 4(1).

2.  All persons have the right to live in dignity, security and autonomy, to be free of exploitation, mistreatment and any form of discrimination and to have the right to the free development of their personality and personal capacities.

3.  The rights that this Statute recognizes as vested in the citizens of Catalonia may be extended to other persons under the terms set down by law.

Article 16  Family rights

All persons have the right, in accordance with the requirements laid down by law, to receive social benefits and public aids in order to fulfill their family obligations.

Article 17  Rights of minor children

Minor children have the right to receive all the necessary attention for the development of their personality and their well-being in the family and social context.

Article 18  Rights of the elderly

The elderly have the right to live in dignity, to be free from exploitation and mistreatment and not to be discriminated against because of their age.

Article 19  Rights of women

1.  All women have the right to the free development of their personality and their personal capacities and to live in dignity, security and autonomy and to be free of exploitation, mistreatment and any kind of discrimination.

2.  Women have the right to participate, under conditions of equality of opportunity, with men in all areas of public and private life.

Article 20  Right to a dignified death

1.  All persons have the right to receive adequate treatment of pain and comprehensive palliative care and to die in dignity.

2.  All persons have the right to express their wishes in advance in order to put on record their instructions on the medical interventions and treatments that they may receive, which must be respected under the conditions set down by law, particularly by the healthcare personnel when the person is not able to express personally his wish.

Article 21  Rights and duties in the field of Education

1.  All persons have the right to an education of quality and access to it under conditions of equality. The Generalitat must set up an educational model in the public interest that guarantees these rights.

2.  Parents are guaranteed, in accordance with the principles set out in Article 37(4), the right to have their children receive the religious and moral education that accords with their convictions in public schools where the instruction is secular.

3.  Private educational establishments may be supported by public monies in accordance with the provisions of the law in order to guarantee the rights of access under conditions that respect equality and quality of instruction.

4.  Instruction is free for all compulsory stages and for the other levels as set down by law.

5.  All persons have the right to professional training and continuing education under the terms set out by law.

6.  All persons have the right to avail themselves, under the terms and conditions set down by law, of public aids to meet educational requirements and to accede under conditions of equality to higher educational levels, according to their economic resources, aptitudes and preferences.

7.  Persons with special educational needs have the right to receive the necessary support to permit them to have access to the educational system, in accordance with the provisions of the law.

8.  The members of the educational community have the right to participate in school and university affairs under the terms set down by law.

Article 22  Rights and duties in the cultural field

1.  All persons have the right of access, under conditions of equality, to culture and the development of their individual and collective creative abilities.

2.  All persons have the duty to respect and preserve the cultural heritage.

Article 23  Rights in the field of health

1.  All persons have the right of access, under conditions of equality and free of charge, to the health services that come within the public responsibility, under the terms set down by law.

2.  Those who use public health services have the right to have their preferences respected regarding the choice of doctor and health center, under the terms and conditions set down by law.

3.  All persons, in relation to public and private health services, have the right to be informed about the services to which they may accede and the necessary prerequisites for using them; about medical treatments and their risks before they are applied; to give their consent for any intervention; to have access to their own clinical history and to the confidentiality of the information relating to their own health, under the terms set down by law.

Article 24  Rights in the field of social services

1.  All persons have the right of access, under conditions of equality, to the benefits of the network of social services under public responsibility, to be informed about these benefits and to give their consent to any actions that affect them personally, under the terms set down by law.

2.  Persons with special needs have the right, in order to conserve their personal autonomy in everyday activities, to receive the attention appropriate to their situation, in accordance with the conditions laid down by law.

3.  Persons or families that are in a situation of poverty have the right of access to a guaranteed allowance of citizenship that assures them the minimum for a decent life, in accordance with the conditions laid down by law.

4.  Organizations of the tertiary social sector have the right to exercise their functions in the areas of social participation and collaboration.

Article 25  Rights in the field of labor

1.  Workers have a right to training and occupational advancement and to access free of charge to public employment services.

2.  Persons excluded from the labor market because they have not been able to accede or reinsert themselves in it and who do not disposes of their own means of subsistence have the right to receive benefits and resources of a palliative nature on a non-contributory basis, under the terms set down by law.

3.  All workers have the right to carry out their occupational and professional duties under conditions that guarantee the health, safety and dignity of persons.

4.  Workers, or their representatives, have the right to information, consultation and participation in undertakings.

5.  The trade union and employers’ organizations have the right to carry out their functions in the areas of social cooperation, participation and social collaboration.

Article 26  Rights in the field of housing

Persons who do not have sufficient resources have the right of access to decent housing, for which the public authorities must establish by law a system of measures that guarantees this right, under the conditions laid down by law.

Article 27  Rights and duties regarding the environment

1.  All persons have the right to live in a balanced and sustainable environment that is respectful of health, in accordance with the standards and levels of protection set down by law. They also have the right to enjoy the natural resources and countryside under conditions of equality and they have the duty to make responsible use of these and avoid wasting them.

2.  All persons have the right to be protected against the different forms of pollution in accordance with the standards and levels set down by law. They also have the duty to cooperate in the preservation of the natural heritage and the activities that are aimed at eliminating the different forms of pollution with the objective of maintaining and conserving it for future generations.

3.  All persons have the right of access to the information on the environment at the disposition of the public authorities. The right to information may only be restricted for justified reasons of public order, under the terms set down by law.

Article 28  Rights of consumers and users

1.  Persons, as consumers and users of goods and services, have the right to the protection of their health and safety. They have also the right to accurate and comprehensible information on the characteristics and prices of products and services, to a legal system of guarantees of the products that they have acquired and the supplies for which they have contracted and to the protection of their interests against abusive, negligent or fraudulent acts.

2.  Consumers and users have the right to be informed and to participate, directly or through their representatives, on matters affecting the public administration of Catalonia, under the terms set down by law.

Chapter II  Political and Administrative Rights

Article 29  Right of participation

1.  The citizens of Catalonia have the right to participate in conditions of equality in the public affairs of Catalonia, directly or through representatives, in the cases and under the terms set down in this Statute and the law.

2.  The citizens of Catalonia have the right to elect their representatives in the representative political bodies and to stand as candidates, in accordance with the conditions and requirements laid down by law.

3.  The citizens of Catalonia have the right to promote and present legislative initiatives to Parliament under the terms set out in this Statute and the law.

4.  The citizens of Catalonia have the right to participate, directly or through associative bodies, in the process of preparing the laws of Parliament, by means of the procedures laid down in the rules of procedure of Parliament.

5.  All persons have the right to address petitions and present complaints, in the manner and with the effects laid down by law, to the institutions and the administration of the Generalitat, as well as to the local bodies of Catalonia regarding matters within their respective powers. The law must lay down the conditions for exercising and the effects of this right and the duties of receiving institutions.

6.  The citizens of Catalonia have the right to promote the convening of popular consultations by the Generalitat and the municipal councils regarding matters within their respective powers, in the manner and under the conditions laid down by law.

Article 30  Right of access to public services and a good administration

1.  All persons have the right of access, in conditions of equality, to public services and economic services of general interest. The public administrative authorities must lay down the conditions of access and the standards of quality of these services, regardless of the rules for their delivery.

2.  All persons have the right to be treated by the public authorities of Catalonia, in the matters that affect them, in an impartial and objective manner and to have the actions of the public authorities be proportionate to the ends that justify them.

3.  The laws must regulate the conditions for exercising and the guarantees of the rights referred to in Sections 1 and 2 and establish the cases in which the public administrative authorities of Catalonia and the public services for which they are responsible must draw up a charter of the rights of users and the duties of the providers.

Article 31  Right to protection of personal data

All persons have the right to the protection of personal data contained in files under the jurisdiction of the Generalitat and the right to accede to them, examine them and obtain their correction. An independent authority, appointed by Parliament, must ensure respect for these rights under the terms laid down by the law.

Chapter III  Linguistic Rights and Duties

Article 32  Rights and duties of knowledge and use of the languages

All persons have the right not to be discriminated against for linguistic reasons. Legal documents drawn up in either of the two official languages are, with respect to the language, fully valid and effective.

Article 33  Linguistic rights before the public administrative authorities and the institutions of the State

1.  Citizens have the right to choose their language. In their dealings with the public institutions, organizations and administrative authorities, all persons have the right to use the official language of their choice. This right applies to public institutions, organizations and administrative authorities, including the electoral administrative authority in Catalonia, and, in general, private bodies under their authority when they exercise public functions.

2.  All persons, in their dealings with the administration of justice, the State Prosecutor’s Office, the College of Notaries and the public registries, have the right to use the official language of their choice in all judicial, notarial and registering acts, and to receive all official documents issued in Catalonia in the chosen language, without having to suffer any lack of defense or undue delays by reason of the language used and they may not be required to provide any type of translation.

3.  In order to guarantee the right of linguistic choice, the lower and superior court judges, prosecutors, notaries, land and commercial registrars, employees of the Civil Register and the personnel of the administration of justice must, in order to provide their services in Catalonia, prove, in the manner set down by law, that they possess an adequate and sufficient level of knowledge of the official languages for their position or work.

4.  In order to guarantee the right of linguistic choice, the administrative authorities of the State based in Catalonia must prove that the personnel in their service have an adequate and sufficient knowledge of the two official languages that enables them to carry out the duties of their position.

5.  The citizens of Catalonia have the right to contact the constitutional and judicial bodies of the State15 by writing in Catalan in accordance with the procedures set down by the relevant legislation. These bodies must attend to and process these written documents presented in Catalan, which shall have, in any event, full legal effect.

Article 34  Linguistic rights of consumers and users

All persons have the right to be dealt with orally and in writing in the official language of their choice in their capacity as users or consumers of assets, products and services. The entities, undertakings and establishments open to the public in Catalonia are subject to the duty of linguistic availability under the terms laid down by law.

Article 35  Educational linguistic rights

1.  All persons have the right to receive instruction in Catalan, in accordance with the provisions of this Statute. Catalan shall normally be used as the language of communication and learning in both university and non-university education.

2.  Pupils have the right to receive instruction in Catalan in non-university education. They also have the right and the duty to acquire a sufficient oral and written knowledge of Catalan and Castilian by the end of mandatory schooling, whatever the usual language used in the instruction. The teaching of Catalan and Castilian must be adequately covered in study plans.

3.  Pupils have the right not to be separated into different centers or class groups by reason of their usual language.

4.  Pupils who join the school system of Catalonia later than the corresponding age have the right to receive special linguistic help if their lack of comprehension makes it difficult for them to follow the instruction normally.

5.  Professors and students in university centers have the right to express themselves, orally or in writing, in the official language of their choice.

Article 36  Rights with respect to Aranese

1.  In Aran all persons have the right to know and use Aranese and to be served orally and in writing in Aranese in their dealings with the public administrative authorities and the public and private bodies under their authority.

2.  The citizens of Aran have the right to use Aranese in their dealings with the Generalitat.

3.  The other linguistic rights and duties with respect to Aranese shall be laid down by law.

Chapter IV  Guarantees of Statutory Rights

Article 37  General provisions

1.  The rights set out in Chapters I, II and III of this Title bind all the public authorities of Catalonia and, according to the nature of each right, individuals. The provisions laid down by the public authorities of Catalonia must respect these rights and must be interpreted and applied in the sense that is most favorable to their full effectiveness.

The rights set out in Articles 32 and 33 also bind the general administrative authorities of the State in Catalonia.

2.  Parliament must approve by a law the Charter of the Rights and Duties of the Citizens of Catalonia. The provisions of this Article with respect to the rights set out in Chapters I, II and III of this Title also apply to the rights set out in the said Charter.

3.  The essential regulations and direct implementation of the rights set out in Chapters I, II and III of this Title must be carried out by a law of Parliament.

4.  The rights and principles of this Title shall not imply an alteration in the distribution of powers or the creation of new heads of jurisdiction or the modification of existing ones. None of the provisions of this Title may be implemented, applied or interpreted in such a way as to reduce or limit the fundamental rights set out in the Constitution or the international treaties and agreements ratified by Spain.

Article 38  Safeguarding

1.  The rights set out in Chapters I, II and III of this Title and the Charter of the Rights and Duties of the Citizens of Catalonia are safeguarded by the Council of Statutory Guarantees, in accordance with the provisions of Article 76(b) and (c).

2.  Acts that infringe the rights set out in Chapters I, II and III of this Title and in the Charter of the Rights and Duties of the Citizens of Catalonia may be appealed to the High Court of Justice of Catalonia, in accordance with the procedures laid down by law.

Chapter V  Guiding Principles

Article 39  General provisions

1.  The public authorities of Catalonia must orientate their public policies in accordance with the guiding principles set out in the Constitution and this Statute. In the exercise of their powers, the public authorities of Catalonia must promote and adopt the measures necessary to guarantee their full effectiveness.

2.  The recognition, respect and protection of the guiding principles shape the substantive legislation, judicial practice and the actions of the public authorities.

3.  The guiding principles are enforceable before the courts, in accordance with the provisions of the law and the other provisions that implement them.

Article 40  Protection of individuals and families

1.  The public authorities shall have as [their] objective the improvement of the quality of life for all persons.

2.  The public authorities must guarantee the legal, economic and social protection of the different types of family provided for by the laws as the basic structure and a factor of social cohesion and as the prime nucleus of the communal life of people. Likewise, they must promote economic and legal measures of support for families aimed at guaranteeing the conciliation of working and family life and at having children, with special attention to families with numerous children.

3.  The public authorities must guarantee the protection of children, especially against all form of exploitation, abandonment, mistreatment or cruelty and poverty and their consequences. In all actions carried out by the public authorities or by private institutions, the higher interest of the child shall have priority.

4.  The public authorities must promote public policies that encourage the emancipation of young people, facilitating their access to the labor market and housing so that they may develop their own life plan and participate equally in the rights and duties of social and cultural life.

5.  The public authorities must guarantee the legal protection of persons with handicaps and must promote their social, economic and occupational integration. They must also take the necessary measures to replace or complement the support of their direct family environment.

6.  The public authorities must guarantee the protection of adults so that they may lead a decent and independent life and participate in social and cultural life. They must also attempt to bring about the full integration of adults in society by means of public policies based on the principle of inter-generational solidarity.

7.  The public authorities must promote the equality of the different stable unions of couples, taking into account their characteristics, regardless of the sexual orientation of their members. The law must regulate such unions and other forms of living together and their effects.

8.  The public authorities must promote the equality of all persons regardless of their origin, nationality, sex, race, religion, social status or sexual orientation, as well promoting the eradication of racism, anti-semitism, xenophobia, homophobia and any other expression that may infringe the equality and dignity of individuals.

Article 41  Gender perspective

1.  The public authorities must guarantee the fulfillment of the principle of equality of opportunity between men and women in access to employment, training, promotion and working conditions, including salary, and in all other situations, such as guaranteeing that women do not suffer discrimination by reason of pregnancy or maternity.

2.  The public authorities must guarantee transversality when incorporating the gender perspective and women in all public policies in order to achieve real and effective equality and parity between women and men.

3.  Public policies must guarantee that all forms of violence against women and all acts of a sexist and discriminatory nature are dealt with in a comprehensive manner; they must encourage recognition of the role of women in the cultural, historical, social and economic areas, and they must promote the participation of women’s groups and associations in the preparation and evaluation of such policies.

4.  The public authorities must recognize and take into account the economic value of the work of care and attention in the domestic and family sphere when establishing their economic and social policies.

5.  The public authorities, within the area of their jurisdiction and in the cases provided for by law, must ensure that the free decision of the woman is the deciding factor in all the cases that may affect their dignity, integrity and physical and mental wellbeing, in particular as concerns their own bodies and their reproductive and sexual health.

Article 42  Social cohesion and wellbeing

1.  The public authorities must promote public policies that encourage social cohesion and guarantee a system of social services under public and mixed ownership that is appropriate for the economic and social indicators of Catalonia.

2.  The public authorities must ensure the full social, economic and occupational integration of the persons and groups most in need of protection, especially those who find themselves in a situation of poverty and risk of social exclusion.

3.  The public authorities must ensure the dignity, security and overall protection of individuals, especially the most vulnerable.

4.  The public authorities must guarantee the quality of service and the gratuitousness of public health care under the terms laid down by law.

5.  The public authorities must promote preventive and community policies and must guarantee the quality of service and the gratuitousness of those social services defined by the law as basic.

6.  The public authorities must undertake the necessary actions to set up a system for welcoming immigrants and must promote policies that guarantee the recognition and effectiveness of the rights and duties of immigrants, the equality of opportunity, the benefits and aids that permit their full social and economic adaptation and their participation in public affairs.

7.  The public authorities must ensure social, cultural and religious harmony between all persons in Catalonia and respect for the diversity of beliefs and ethical and philosophical convictions of people, and they must encourage intercultural relations by means of the promotion and creation of centers of reciprocal knowledge, dialogue and mediation. They must also guarantee the recognition of the culture of the gypsy people as a safeguard of the historical reality of this people.

Article 43  Promotion of participation

1.  The public authorities must promote the participation of society in the preparation, delivery and evaluation of public policies, as well as the participation of individuals and associations in the civic, social, cultural, economic and political spheres, with full respect for the principles of pluralism, free enterprise and autonomy.

2.  The public authorities must facilitate the political participation and representation of citizens, with special attention to less populated areas of the territory.

3.  The public authorities must endeavor to ensure that the institutional campaigns that are organized on the occasion of electoral processes have the aim of promoting the participation of citizens and that the electors receive from the media information on the candidates who are running for office that is truthful, objective, neutral and respectful of political pluralism.

Article 44  Education, research and culture

1.  The public authorities must guarantee the quality of the educational system and must encourage a human, scientific and technical education of the student that is based on the social values of equality, solidarity, liberty, pluralism, civic responsibility and other values that are fundamental to democratic co-existence.

2.  The public authorities must promote a sufficient knowledge of a third language at the end of compulsory schooling.

3.  The public authorities must promote and encourage the involvement and participation of the family in the education of their sons and daughters within the framework of the educational community, and they must facilitate and promote access to educational activities in leisure time.

4.  The public authorities must encourage research and scientific research of quality, artistic creativity and the conservation and dissemination of the cultural heritage of Catalonia.

5.  The public authorities must take the necessary measures to facilitate the access of all persons to culture, cultural assets and services and the cultural, archeological, historical, industrial and artistic heritage of Catalonia.

Article 45  Socio-economic sphere

1.  The public authorities must adopt the necessary measures to promote the economic and social progress of Catalonia and its citizens on the basis of the principles of solidarity, cohesion, sustainable development and equality of opportunity.

2.  The public authorities must promote a more equitable distribution of personal and territorial incomes within the framework of a Catalan system of wellbeing.

3.  The public authorities must adopt the necessary measures to guarantee the labor and trade union rights of workers, and they must encourage and promote their participation in undertakings and the policies of full employment, encouragement of labor stability, training of workers, prevention of occupational risks, safety and health at work, creation of decent working conditions, no discrimination on the basis of sex and the guarantee of necessary rest periods and paid holidays.

4.  The Generalitat must promote the creation of a Catalan space of labor relations that is established according to the specific productive and business reality of Catalonia and its social agents, in which must be represented the trade union and employers’ organizations and the administration of the Generalitat. Within this framework, the public authorities must encourage a suitable practice of social dialogue, cooperation, collective negotiation, extrajudicial resolution of labor disputes and participation in the development and the improvement of the productive structure.

5.  The Generalitat must encourage the development of business activity and the spirit of enterprise, taking into account the social responsibility of undertakings, free enterprise and the conditions of competition, and it must especially protect the productive economy, the activity of independent entrepreneurs and that of small and medium-sized undertakings. The Generalitat must encourage the activity of workers’ cooperatives and societies and must stimulate the initiatives of the social economy.

6.  The trade union and employers’ organizations must participate in defining the public policies that affect them. The Generalitat must promote mediation and arbitration for the resolution of conflicts of interest between the various social agents.

7.  The professional organizations and the public law corporations that represent economic and professional interests as well as the associative entities of the tertiary sector must be consulted when defining the public policies that affect them.

8.  The Generalitat, considering the functions that the savings banks exercise in the social and cultural areas and in the promotion of economic activity, must protect their institutional autonomy and must promote the social contribution of these entities to the economic and social strategies of the different territories of Catalonia.

Article 46  Environment, sustainable development and territorial balance

1.  The public authorities must ensure the protection of the environment by means of the adoption of public policies based on sustainable development and collective and intergenerational solidarity.

2.  Environmental policies must be directed especially at the reduction of the different forms of pollution, the establishment of standards and minimum levels of protection, the articulation of corrective measures against environmental impact, the rational use of natural resources, the prevention and control of erosion and the activities that alter the atmospheric and climatic conditions, and respect for the principles of the preservation of the environment, the conservation of natural resources, responsibility, ecological taxation and the recycling and re-use of goods and products.

3.  The public authorities must make effective the conditions for the preservation of nature and biodiversity, they must promote the integration of environmental objectives into sectoral policies and they must establish conditions that permit all persons to enjoy the assets of nature and the landscape.

4.  The public authorities must ensure economic and territorial cohesion by applying policies that assure a special treatment for the mountainous areas, protection of the landscape, defense of the coast, encouragement of agricultural, stockbreeding and forestry activities and an equitable distribution throughout the territory of the different sectors of production, the services of a general nature and the communication networks.

5.  The public authorities must facilitate the provision of environmental information to citizens and must encourage education in the values of the preservation and improvement of the environment as a common heritage.

Article 47  Housing

The public authorities must facilitate the access to housing by means of the provision of land and the promotion of public and protected housing, with special attention to the young persons and groups most in need.

Article 48  Road mobility and safety

1.  The public authorities must promote transport and communications policies that are based on criteria of sustainability, which encourage the use of public transport and which improve mobility by guaranteeing accessibility for persons with reduced mobility.

2.  The public authorities must foster, as a priority, measures destined to increase road safety and the reduction of traffic accidents, with special emphasis on prevention, road education and attention to victims.

Article 49  Protection of consumers and users

1.  The public authorities must guarantee the protection of the health, safety and the defense of the rights and legitimate interests of consumers and users.

2.  The public authorities must guarantee the existence of means of mediation and arbitration in consumer affairs, and promote knowledge and use of them. They must support organizations of consumers and users.

Article 50  Promotion and dissemination of Catalan

1.  The public authorities must protect Catalan in all areas and sectors and must encourage its use, dissemination and knowledge. These principles also apply with respect to Aranese.

2.  The Government, the universities and the institution of higher learning, within their respective areas of jurisdiction, must adopt the pertinent measures to guarantee the use of Catalan in all areas of teaching, non-teaching and research activities.

3.  The policies of encouraging Catalan must extend, jointly with the State, to the European Union and the rest of the world.

4.  The public authorities must encourage the information that is listed on labels, packaging and instructions for use of products distributed in Catalonia are also in Catalan.

5.  The Generalitat, the local administrative authorities and the other public corporations of Catalonia, the institutions and undertakings that come under their authority and the licensees of their services must use Catalan in their internal activity and their dealings with each other. They must also use it in communications and notifications directed at natural or legal persons resident in Catalonia, without prejudice to the right of citizens to receive them in Castilian if they so request.

6.  The public authorities must guarantee the use of Catalan sign language and the conditions that permit an increase in equality for deaf persons who opt for this language, which must be the subject to instruction, protection and respect.

7.  The State, in accordance with the provisions of the Constitution, must support the application of the principles set out in this Article. Instruments of coordination must be established and, if necessary, joint action so that they may be more effective.

Article 51  Cooperation in fostering peace and cooperation in development

1.  The Generalitat must promote the culture of peace and actions to foster peace in the world.

2.  The Generalitat must promote actions and policies of cooperation in the development of peoples and must establish programs of emergency humanitarian aid.

Article 52  The mass media

1.  It is incumbent on the public authorities to promote conditions for guaranteeing the right to information and to receive from the media truthful information and contents that respect the dignity of persons and political, social, cultural and religious pluralism. In the case of the publicly-owned media, the information must also be neutral.

2.  The public authorities must promote conditions for guaranteed non-discriminatory access to audiovisual services within Catalonia.

Article 53  Access to information technologies

1.  The public authorities must facilitate knowledge of the information society and must encourage access to communications and information technologies in conditions of equality in all areas of social life, including employment; it must encourage these technologies to be placed at the service of individuals and not to affect their rights negatively, and they must guarantee the delivery of services by means of such technologies, in accordance with the principles of universality, continuity and updating.

2.  The Generalitat must promote technological training, research and innovation so that the opportunities for progress that the knowledge and information society offers contribute to the improvement of the wellbeing and cohesion of society.

Article 54  Historical memory

1.  The Generalitat and the other public powers must safeguard the knowledge and maintenance of the historical memory of Catalonia as a collective heritage that attests to the resistance and the struggle for democratic rights and liberties. For this purpose, they must adopt the institutional initiatives necessary to recognize and rehabilitate all those citizens who have suffered persecution as a result of defending the democracy and self-government of Catalonia.

2.  The Generalitat must ensure that the historical memory is converted into a permanent symbol of tolerance, dignity, democratic values, rejection of totalitarianism and recognition of all those persons who have suffered persecution because of their personal, ideological or conscientious options.

Title II  The Institutions

Chapter I  Parliament

Article 55  General provisions

1.  Parliament represents the people of Catalonia.

2.  Parliament exercises the legislative power, approves the budgets of the Generalitat and oversees and encourages political and government action. It is the seat where pluralism is best expressed and the political debate is made public.

3.  Parliament is inviolable.

Article 56  Composition and electoral laws

1.  Parliament is composed of a minimum of one hundred deputies and a maximum of one hundred and fifty16, who are elected for a period of four years by means of universal, free, equal, direct and secret suffrage, in accordance with this Statute and the electoral legislation.

2.  The electoral system is based on proportional representation and must assure an adequate representation of all the areas of the territory of Catalonia. The electoral administration is independent and guarantees the transparency and objectivity of the electoral process. The electoral system is governed by a law of Parliament adopted in a final vote on the whole text by a two-thirds majority of the deputies.

3.  Citizens of Catalonia who enjoy the full use of their civil and political rights may vote and be elected, in accordance with the electoral legislation. The electoral law of Catalonia must lay down criteria of parity between women and men for the preparation of electoral lists.

4.  The President of the Generalitat must, fifteen days before the end of the legislature, call elections, which must take place between forty and sixty days after being called.

Article 57  Status of deputies

1.  The members of Parliament have immunity with respect to the votes and opinions that they express in the exercise of their office. During their term of office, they shall have immunity from being arrested except in the case of flagrante delicto.

2.  The High Court of Justice of Catalonia has jurisdiction in proceedings against deputies. Outside of Catalonia, they must answer for criminal acts, under the same conditions, to the Criminal Division of the Supreme Court.

3.  Deputies shall not be subject to binding instructions.

Article 58  Autonomy of Parliament

1.  Parliament enjoys organizational, financial, administrative and discipli nary autonomy.

2.  Parliament draws up and approves its rules of procedure, its budget and establishes the statute of its personnel.

3.  The approval and amendment of the rules of procedure of Parliament are the responsibility of the plenary session of Parliament and require a vote in favor of an absolute majority of the deputies in a final vote on the whole text.

Article 59  Organization and operation

1.  Parliament has a President and a Bureau elected by the plenary session. The rules of procedure of Parliament govern their election and functions.

2.  The rules of procedure of Parliament govern the rights and duties of the deputies, the requirements for the formation of parliamentary groups, the involvement of these groups in the parliamentary process and the powers of the Board of Spokespersons.

3.  Parliament operates in plenary session and in committees. The parliamentary groups participate in all the committees in proportion to the number of their members.

4.  Parliament has a Permanent Committee that is chaired by the President of Parliament and composed of the number of deputies laid down in the rules of procedure of Parliament, in proportion to the number of members of each parliamentary group. The Permanent Committee safeguards the powers of Parliament when it is not in session, when the term of Parliament has ended and when it has been dissolved. In the case of the end of the term of Parliament or its dissolution, the term of office of deputies on the Permanent Committee is extended until the formation of the new Parliament.

5.  Persons holding public office and the personnel in the service of the public administrative authorities active in Catalonia are obliged to appear when requested by Parliament.

6.  Parliament may set up committees of enquiry regarding any matter of public relevance that is of interest to the Generalitat. Persons summoned by the committees of enquiry must appear obligatorily before them, in accordance with the procedure and guarantees laid down in the rules of procedure of Parliament. The penalties for non-compliance with this obligation shall be regulated by law.

7.  The rules of procedure of Parliament must regulate the processing of individual and collective petitions addressed to Parliament. They must also establish mechanisms for the participation of citizens in the exercise of the functions of Parliament.

Article 60  Rules with respect to sittings and sessions

1.  Parliament meets annually in two ordinary sessions of sittings as set down in the rules of procedure. Parliament may also meet in extraordinary sessions outside of the ordinary sessions. Extraordinary sessions of Parliament are convened by its President with the agreement of the Permanent Committee, on a request from three parliamentary groups or a fourth of the deputies, or on a request from parliamentary groups or deputies who represent an absolute majority. Parliament also meets in extraordinary session at the request of the President of the Generalitat. Extraordinary sessions are convened with a definite agenda and are dissolved once it has been covered.

2.  The sittings of the plenary session are held in public except in those cases laid down in the rules of procedure of Parliament.

3.  In order to make valid decisions, Parliament must meet in the presence of an absolute majority of the deputies. Decisions are valid is they have been approved by a simple majority of deputies present, without prejudice to the special majorities required by this Statute, the law or the rules of procedure of Parliament.

Article 61  Powers

Besides the powers set out in Article 55, Parliament has the power to:

  1. a)  appoint senators who represent the Generalitat in the Senate.17 Their appointment must be made at a sitting convened specifically for this purpose and in proportion to the number of deputies of each parliamentary group;

  2. b)  draw up bills to be submitted to the Bureau of the Congress of Deputies and appoint the deputies from Parliament charged with defending them;

  3. c)  request the national Government to adopt a bill;

  4. d)  request the State to transfer or delegate powers and to allocate powers under Article 150 of the Constitution;

  5. e)  lodge appeals for unconstitutionality and appear before the Constitutional Court in other constitutional proceedings, in accordance with the provisions of the Organic Law of the Constitutional Court;

  6. f)  exercise other powers that are assigned to it by this Statute and the law.

Article 62  Legislative initiative and exercise of the legislative power

1.  The right of legislative initiative lies with the deputies, the parliamentary groups and the Government. It also lies, under the terms set down by the laws of Catalonia, with the citizens by means of a popular legislative initiative and to the representative bodies of the supra-municipal entities with a territorial character established by this Statute.

2.  Laws on the basic implementation of the Statute are those that regulate directly the matters mentioned in Articles 2(3), 6, 37(2), 56(2), 67(5), 68(3), 77(3), 79(3), 81(2) and 94(1). The adoption, amendment and repeal of these require a vote in favor of an absolute majority of the plenary session of Parliament in a final vote on the whole text, unless the Statute lays down a different majority.

3.  The plenary session of Parliament may delegate the processing and adoption of legislative initiatives to standing legislative committees. It may revoke this delegation at any moment. The amendment of the Statute, the laws on its basic implementation, the budget of the Generalitat and the laws on legislative delegation to the Government may not be the subject of such delegation.

Article 63  Delegation to the Government of the legislative power

1.  Parliament may delegate to the Government the power to issue decrees with the status of law. The decrees of the Government that contain delegated legislation are called legislative decrees. The amendment of the Statute, the laws on its basic implementation, unless the preparation of a recast text is delegated, the essential regulation and the direct implementation of the rights set out in the Statute and the Charter of the Rights and Duties of the Citizens of Catalonia, and the budget of the Generalitat may not be subject to legislative delegation.

2.  Legislative delegation may only be granted to the Government. The delegation must be express and given by means of a law for a definite matter and with a definite period of time in which use can be made of it. The delegation lapses when the Government publishes the relevant legislative decree or when the Government is no longer in office.18

3.  When the Government is authorized to formulate a new text of the articles of a law, the laws of delegation must lay down the bases with which the Government must comply in exercising the legislative delegation. Where the Government is authorized to recast legal texts, the laws must lay down the scope and criteria of the recasting.

4.  The supervision of delegated legislation is regulated by the rules of procedure of Parliament. The laws of delegation may also lay down special rules for supervising legislative decrees.

Article 64  Decree-laws

1.  In the event of an extraordinary and urgent emergency, the Government may issue legislative provisions under the form of a decree-law. The amendment of the Statute, matters involving laws of its basic implementation, the essential regulation and the direct implementation of the rights set out in the Statute and the Charter of the Rights and Duties of the Citizens of Catalonia, and the budget of the Generalitat may not be the subject of a decree-law.

2.  Decree-laws are repealed if, within a period of thirty days following their promulgation, which period may not be extended, they are not validated expressly by Parliament after a debate and a vote on the whole text.

3.  Parliament may treat decree-laws as bills by the emergency procedure, within the period of time set out in Section 2.

Article 65  Promulgation and publication of laws

The laws of Catalonia are promulgated in the name of the King by the President of the Generalitat, who orders their publication in the Official Journal of the Generalitat of Catalonia19 within fifteen days from their adoption, and in the Official Bulletin of the State.20

For the purpose of their entry into force, the date of publication in the Official Journal of the Generalitat of Catalonia governs. The official version in Castilian is the translation prepared by the Generalitat.

Article 66  End of Parliament

The legislature ends when its legal term expires after four years from the date of the election. It may also end early if the investiture of the President of the Generalitat does not take place or if an early dissolution is granted by the President of the Generalitat.

Chapter II  The President of the Generalitat

Article 67  Election, appointment, personal status, termination and powers

1.  The President is the highest representative of the Generalitat and directs the actions of the Government. He is also the ordinary representative of the State in Catalonia.

2.  The President of the Generalitat is elected by Parliament from among its members. The law may limit the number of terms of office.

3.  If after two months have elapsed from the first investiture vote, no candidate is elected, Parliament is automatically dissolved, and the President of the Generalitat in office immediately calls elections, which must take place between forty and sixty days after being called.

4.  The President of the Generalitat is appointed by the King.

5.  A law of Parliament regulates the personal status of the President of the Generalitat. For the purpose of precedence and protocol in Catalonia, the President of the Generalitat has the preeminent position that befits him as the representative of the Generalitat and the State in Catalonia.

6.  As the ordinary representative of the State in Catalonia, the President has the power to:

  1. a)  promulgate, in the name of the King, the laws, decree-laws and legislative decrees of Catalonia and to order their publication;

  2. b)  order the publication of the appointments to the institutional offices of the State in Catalonia;

  3. c)  request the collaboration of the authorities of the State that exercise their public functions in Catalonia;

  4. d)  regulate other matters as laid down by law.

7.  The President of the Generalitat leaves office when Parliament is renewed as a result of new elections, the adoption of a motion of censure or denial of a question of confidence, death, resignation, permanent physical or mental incapacity that is recognized by Parliament and which renders him unable to exercise his duties, and a definitive criminal conviction that entails a disqualification from holding public office.

8.  The First Minister,21 if there is one, or the Minister determined by the law replaces and substitutes for the President of the Generalitat in cases of absence, illness, and termination by reason of incapacity and death. Replacing and substituting do not permit the exercise of the powers of the President with respect to the putting of a question of confidence, the appointment and termination of Ministers and the early dissolution of Parliament.

9.  The President of the Generalitat, if he has not appointed a First Minister, may temporarily delegate executive functions to one of the Ministers.

Chapter III  The Government and Administration of the Generalitat

Section 1  The Government

Article 68  Functions, composition, organization and termination

1.  The Government is the supreme collegiate body that directs the political action and the administration of the Generalitat. It exercises the executive and regulatory powers in accordance with this Statute and the law.

2.  The Government is composed of the President of the Generalitat, the First Minister, if there is one, and the Ministers.

3.  A law must regulate the organization, operation and powers of the Government.

4.  The Government leaves office at the same time as the President of the Generalitat.

5.  The acts, general decrees and legal provisions that emanate from the Government or the administration of the Generalitat must be published in the Official Journal of the Generalitat of Catalonia. This publication is sufficient in every way for the effectiveness of the acts and the entry into force of the general decrees and legal provisions.

Article 69  The First Minister

The President of the Generalitat may, by decree, appoint and dismiss a First Minister, about which he must report to Parliament. The First Minister is a member of the Government. The First Minister has, in accordance with the provisions of the law, his own functions in addition to those delegated by the President.

Article 70  Personal status of the members of the Government

1.  The President of the Generalitat and the Ministers, during their term of office and with respect to alleged crimes committed on the territory of Catalonia, may not be arrested or detained except in the case of flagrante delicto.

2.  It is up to the High Court of Justice of Catalonia to rule on the indictment, prosecution and judgment of the President of the Generalitat and the Ministers. Outside the territory of Catalonia they must answer for criminal acts, under the same conditions, before the Criminal Division of the Supreme Court.

Section 2  The Administration of the Generalitat

Article 71  General provisions and principles of organization and operation

1.  The administration of the Generalitat is the organization that exercises the executive functions assigned by this Statute to the Generalitat. It has the status of an ordinary administrative authority in accordance with the provisions of this Statute and the law, without prejudice to the powers that belong to the local administrative authorities.

2.  The administration of the Generalitat serves the general interest with objectivity and acts in complete submission to the law.

3.  The administration of the Generalitat acts in accordance with the principles of coordination and transversality with the aim of guaranteeing the integration of public policies.

4.  The administration of the Generalitat, in accordance with the principle of transparency, must make public the information that is necessary for the citizens to be able to evaluate its conduct of affairs.

5.  The administration of the Generalitat exercises its powers in the territory in accordance with the principles of deconcentration and decentralization.

6.  The law must regulate the organization of the administration of the Generalitat and must in any case determine:

  1. a)  the procedures of functional decentralization and the different forms of public and private structure that the administration of the Generalitat may adopt;

  2. b)  the forms of organization and management of the public services;

  3. c)  the activities of the administration of the Generalitat that come under the rules of private law, as well as the participation of the private sector in the implementation of public policies and the provision of public services.

7.  The law must regulate the legal status of the personnel in the service of the administration, including, in any event, the rules on incompatibility, the guarantee of training and updating of knowledge and the necessary praxis for the exercise of public functions.

Article 72  Advisory bodies of the Government

1.  The Advisory Legal Commission is the supreme advisory body of the Government. A law of Parliament regulates its composition and functions.

2.  The Labor, Economic and Social Committee of Catalonia is the consultative and advisory body of the Government in socio-economic, labor and occupational matters. A law of Parliament regulates its composition and functions.

Chapter IV  The Relations between Parliament and the Government

Article 73  Rights and obligations of the members of the Government with respect to Parliament

1.  The President of the Generalitat and the Ministers have the right to attend sittings of the full Parliament and the parliamentary committees and to be heard.

2.  Parliament may require from the Government and its members the information that it considers necessary for the exercise of its functions. It may also require their presence before the full Parliament and the committees under the terms set out in the rules of procedure of Parliament.

Article 74  Political responsibility of the Government and its members

1.  The President of the Generalitat and the Ministers are collectively answerable politically to Parliament, without prejudice to the direct responsibility of each one of them.

2.  The delegation of the functions of the President of the Generalitat does not exempt him from his political responsibility to Parliament.

Article 75  Early dissolution of Parliament

The President of the Generalitat, after the Government has deliberated on the matter, may, on his exclusive responsibility, dissolve Parliament. This power may not be exercised when Parliament is discussing a motion of censure and also not if a year has not elapsed since the last dissolution by this procedure. The decree of dissolution must contain the calling of new elections, which must take place within forty and sixty days following the date of publication of the decree in the Official Journal of the Generalitat of Catalonia.

Chapter V  Other Institutions of the Generalitat

Section 1  The Council of Statutory Guarantees

Article 76  Powers

1.  The Council of Statutory Guarantees is the institution of the Generalitat that oversees the compliance of the enactments of the Generalitat with this Statute and the Constitution, under the terms set out in Section 2.

2.  The Council of Statutory Guarantees may pass judgment, under the terms laid down by law, in the following cases:

  1. a)  the consistency with the Constitution of the drafts and proposals for amending the Statute of Autonomy of Catalonia before their adoption by Parliament;

  2. b)  the consistency with this Statute and the Constitution of bills submitted for debate and adoption by Parliament and the decree-laws submitted for ratification by Parliament;

  3. c)  the consistency with this Statute and the Constitution of the drafts of legislative decrees approved by the Government;

  4. d)  the consistency of draft laws and bills and draft legislative decrees approved by the Government with local autonomy under the terms guaranteed by this Statute.

3.  The Council of Statutory Guarantees must make its decision before the filing of a motion for unconstitutionality by Parliament or the Government, the filing of a motion for conflict of jurisdiction by the Government and before the filing of a motion in defense of local autonomy.

4.  The decisions of the Council of Statutory Guarantees are binding with respect to the drafts and bills of Parliament that implement or affect rights set out in this Statute.22

Article 77  Composition and operation

1.  The Council of Statutory Guarantees is formed by members appointed by the President of the Generalitat from among jurists of recognized ability; two-thirds are proposed by Parliament by a three-fifths majority of the deputies and a third is proposed by the Government.

2.  The members of the Council of Statutory Guarantees must elect from among its members a President.

3.  A law of Parliament regulates the composition and the operation of the Council of Statutory Guarantees, the status of its members and the procedures with respect to the exercise of its functions. The powers of decision laid down by this Statute may be extended by law without giving them a binding character.

4.  The Council of Statutory Guarantees has organic, operational and budgetary autonomy in accordance with the law.

Section 2  The Ombudsman23

Article 78  Functions and relations with other analogous institutions

1.  The Ombudsman has the function of protecting and defending the rights and freedoms set out in the Constitution and this Statute. To this end, he supervises, in an exclusive capacity,24 the acts of the administration of the Generalitat, those of the public or private bodies linked to or under the authority of it, those of private undertakings that manage public services or carry out activities of general or universal interest or equivalent activities in a concerted or indirect manner and those of the other persons linked by contract to the administration of the Generalitat and to the public entities under its authority. He also supervises the activities of the local administrative authorities of Catalonia and those of the public or private bodies linked to or under the authority of them.

2.  The Ombudsman and the Public Defender cooperate in the exercise of their functions.

3.  The Ombudsman may request a report from the Council of Statutory Guarantees on drafts and bills submitted for debate and approval by Parliament and on the decree-laws submitted for ratification by Parliament, when they regulate rights set out in this Statute.

4.  The Ombudsman may establish collaborative relations with the local defenders of the citizenry and other analogous figures created in the public and private spheres.

5.  The public administrative authorities of Catalonia and the other entities and persons referred to in Section 1 have the obligation to cooperate with the Ombudsman. The penalties and mechanisms destined to guarantee the fulfillment of this obligation must be regulated by law.

Article 79  Appointment and status of the Ombudsman

1.  The Ombudsman is elected by Parliament by a three-fifths majority of its members.

2.  The Ombudsman exercises his powers with impartiality and independence, he has immunity for the opinions expressed in the exercise of his duties, he may not be moved and he may only be dismissed and suspended on grounds set out by law.

3.  The personal status of the Ombudsman, the incompatibilities, the grounds for termination, the organization and the powers of the institution must be regulated by law. The Ombudsman enjoys regulatory, organizational, operational and budgetary autonomy in accordance with the law.

Section 3  The Board of Accounts

Article 80  Powers and relations with the Court of Accounts

1.  The Board of Accounts is the external supervisory body of the accounts, the economic management and the control of the efficiency of the Generalitat, of the local entities and of the rest of the public sector of Catalonia.

2.  The Board of Accounts is organically under the authority of Parliament, it exercises its functions on delegation from Parliament with complete organizational, operational and budgetary autonomy, in accordance with the law.

3.  The Board of Accounts and the Court of Accounts must establish cooperative relations by means of an agreement. In this agreement the mechanisms of participation in the judicial proceedings on accounting liability must be established.

Article 81  Composition, operation and personal status

1.  The Board of Accounts is composed of trustees appointed by Parliament by a three-fifths majority. The trustees elect from among themselves the Head Trustee.

2.  The personal status, the incompatibilities, the grounds for termination and the organization and operation of the Board of Accounts must be regulated by law.

Section 4  Regulation of the Audiovisual Council of Catalonia

Article 82  The Audiovisual Council of Catalonia

The Audiovisual Council of Catalonia is the regulatory independent authority in the area of public and private audiovisual communication. The Council acts in complete independence from the Government of the Generalitat in the exercise of its functions. A law of Parliament must establish the criteria for electing its members and its specific areas of activity.

Chapter VI  Local Government

Section 1  Local Territorial Organization

Article 83  Organization of the local government of Catalonia

1.  Catalonia structures its basic territorial organization into municipalities and regions.

2.  The supra-municipal area is constituted in any event by districts, which a law of Parliament must regulate.

3.  The other supra-municipal entities that the Generalitat creates are based on the desire for collaboration and association by the municipalities.

Article 84  Local powers

1.  This Statute guarantees to municipalities a nucleus of own powers that must be exercised by these entities in full autonomy, subject only to a control of constitutionality and legality.

2.  The local governments of Catalonia have in any case their own powers over the following matters, under the terms laid down by law:

  1. a)  the organization and management of the territory, urban development discipline and the conservation and maintenance of the assets in local public ownership;

  2. b)  the planning, organization and management of public housing and participation in the planning on municipal land for housing under official protection;

  3. c)  the organization and provision of basic services to the community;

  4. d)  the regulation and management of municipal facilities;

  5. e)  the regulation of safety conditions in the activities organized on public spaces and on premises where there is a public audience. The coordination by means of the Safety Board of the different bodies and forces present in the municipality;

  6. f)  civil protection and the prevention of fires;

  7. g)  the planning, organization and management of child education and participation in the process of registration in the public centers within the municipal limits, the maintenance and use, outside school hours, of the public centers and the school calendar;

  8. h)  traffic and mobility services and the management of municipal passenger transport;

  9. i)  the regulation of the establishment of authorizations and promotions of all types of economic activity, especially those of a commercial, artisanal25 and touristic character and the fostering of employment;

  10. j)  the formulation and management of policies for the protection of the environment and sustainable development;

  11. k)  the regulation and management of sporting and leisure facilities and the promotion of activities;

  12. l)  the regulation of the establishment of telecommunications infrastructures and the provision of telecommunications services;

  13. m)  the regulation and provision of personal services, public social services of primary welfare and promotion of policies of welcome for immigrants;

  14. n)  the regulation, management and supervision of the activities and uses carried out on beaches, rivers, lakes and mountains.

3.  The allocation of the administrative responsibilities in the matters listed in Section 2 between the different local administrative authorities must take into account their management capacity and be governed by the laws adopted by Parliament, by the principle of subsidiarity, in accordance with the provisions of the European Charter on Local Autonomy, by the principle of differentiation, in accordance with the characteristics presented by the municipal reality and by the principle of financial sufficiency.

4.  The Generalitat must determine and establish the mechanisms for the financing of the new services arising from the extended powers of local governments.

Article 85  The Council of Local Governments

The Council of Local Governments is the representative body of municipalities and regions in the institutions of the Generalitat. The Council must be heard in the processing by Parliament of legislative initiatives that affect in a specific way the local administrative authorities and the processing of plans and regulatory provisions of an identical character. A law of Parliament regulates the composition, organization and the functions of the Council of Local Governments.

Section 2  The Municipality

Article 86  The municipality and municipal autonomy

1.  The municipality is the basic local entity in the territorial organization of Catalonia and the essential means for the participation of the community in public affairs.

2.  Municipal government and administration lies with the municipal council, which is formed by the mayor and the counselors. The law must lay down the requirements that must be met for the application of the regime of the open council.

3.  This Statute guarantees to the municipality the autonomy in the exercise of the powers entrusted to it and in the defense of the proper interests to the collectivity that it represents.

4.  The acts and decision taken by the municipalities may not be the subject of random control by any other administrative authority.

5.  The Generalitat is responsible for the control of compatibility of the acts and decisions taken by the municipalities with the legal order and, if necessary, for challenging them before the courts for administrative litigation, without prejudice to the actions that the State may undertake in defense of its jurisdiction.

6.  The Counselors are elected by the residents of the municipality by means of universal, equal, free, direct and secret suffrage.

7.  Concentrations of the population that constitute separate nuclei within a municipality may be constituted as decentralized municipal entities. The law must guarantee them sufficient decentralization and capacity to carry out the activities and deliver the services within their jurisdiction.

Article 87  Principles of organization and operation and rule-making power

1.  The municipalities dispose of a full capacity for self-organization within the framework of the general provisions set down by law with respect to municipal organization and operation.

2.  The municipalities have the right to associate themselves with others and to cooperate between themselves and with other public entities in order to exercise their powers, as well as for carrying out tasks of common interest. To this effect, they have the capacity to conclude agreements and create and participate in communities, consortia and associations, as well as to adopt other forms of joint action. The law may not limit this right except to guarantee the autonomy of the other entities that it recognizes.

3.  The municipalities have rule-making power, as an expression of the democratic principle on which they are based, within the sphere of their powers and in the other spheres in which they project their autonomy.

Article 88  Principle of differentiation

Laws that affect the legal, organic, operational, jurisdictional and financial structure of the municipalities must of necessity take into account their different demographic, geographical, operational and organizational characteristic, their size and their management capacity.

Article 89  Special regime of the municipality of Barcelona

The municipality of Barcelona disposes of a special regime that is established by a law of Parliament. The municipal council of Barcelona has the right to propose the amendment of this special regime and, in accordance with the law and the rules of procedure of Parliament, it must participate in the preparation of bills that affect this special regime and it must be consulted in the processing by Parliament of other legislative initiatives affecting its special regime.

Section 3  The Region26

Article 90  The region

1.  The region is the specific territorial area for the exercise of inter-municipal government of local cooperation and has its own legal personality. The region is also the territorial division adopted by the Generalitat for the territorial organization of its services.

2.  The region, as a local government, has a territorial nature and enjoys autonomy in the management of its interests.

Article 91  The regional council

1.  The government and the autonomous administration of the region lie with the regional council, composed of the President and the regional counselors.

2.  The President of the region is chosen by the regional counselors from among their members.

3.  The regional councils replace the commissions.

4.  The creation, modification and abolition, as well as the legal regime of the regions are regulated by a law of Parliament. The change, if the case arises, of the regional boundaries shall be carried out in conformity with the provisions of Article 141(1) of the Constitution.

Section 4  The District and the Other Supramunicipal Local Entities

Article 92  The district

1.  The district takes the form of a local entity with its own legal personality and is composed of municipalities for the management of local powers and services.

2.  The creation, modification or elimination of the districts, as well as the establishment of the legal regime of these entities, are regulated by a law of Parliament.

Article 93  The other supramunicipal local entities

The other supramunicipal local entities are founded on the desire for collaboration and association of the municipalities and on the recognition of metropolitan areas. The creation, modification and elimination, as well as the establishment of the legal regime of these entities are regulated by a law of Parliament.

Chapter VII  Institutional Organization of Aran

Article 94  Legal regime

1.  Aran disposes of a special legal regime established by a law of Parliament. The specificity of the institutional and administrative organization of Aran is recognized by means of this regime and autonomy is guaranteed to regulate and manage the public affairs on its territory.

2.  The governmental institution of Aran is the General Council,27 which is composed of the Trustee,28 the full meeting of counselors and general counselors29 and the Auditors’ Commission.30 The Trustee is the highest representative and the ordinary representative of the Generalitat in Aran.

3.  The governmental institution of Aran is elected by means of universal, equal, free, direct and secret suffrage in the manner set down by law.

4.  The General Council has jurisdiction over the matters determined by the law that regulates the special regime of Aran and the other laws adopted by Parliament and the powers that the law assigns to it, especially in mountain activities. Aran, through its representative institution, must participate in the preparation of legislative initiatives that affect its special regime.

5.  A law of Parliament establishes sufficient financial resources for the General Council to be able to deliver the services within its jurisdiction.

Title III  The Judicial Power in Catalonia

Chapter I  The High Court of Justice and the Chief Prosecutor of Catalonia

Article 95  The High Court of Justice of Catalonia

1.  The High Court of Justice of Catalonia is the judicial body that stands at the head of the judicial organization in Catalonia and has jurisdiction, under the terms set down in the relevant organic law, to hear the appeals and proceedings in the different judicial areas and to safeguard the rights set out in this Statute. In any event, the High Court of Justice of Catalonia has jurisdiction in the areas of civil, criminal, administrative litigation and social law and any others that may be created in the future.

2.  The High Court of Justice of Catalonia is the court of last instance for all proceedings brought in Catalonia, as well as for all appeals that are dealt with its territory, whatever the law that is applied, in accordance with the Organic Law on the Judiciary and without prejudice to the jurisdiction reserved to the Supreme Court with respect to the unification of legal doctrine. The Organic Law on the Judiciary shall determine the scope and subject matter of the appeals indicated above.

3.  The unification of the interpretation of Catalan law is a matter for the High Court of Justice of Catalonia.

4.  The disposal of extraordinary appeals for review authorized by law against the final decisions taken by the judicial bodies of Catalonia is a matter for the High Court of Justice of Catalonia.

5.  The President of the High Court of Justice of Catalonia is the representative of the judicial power in Catalonia. He is appointed by the King on a proposal from the General Council of the Judiciary and with the participation of the Council of Justice of Catalonia,31 under the terms set out in the Organic Law on the Judiciary. The President of the Generalitat orders that this appointment be published in the Official Journal of the Generalitat of Catalonia.

6.  The presidents of the divisions of the High Court of Justice of Catalonia are appointed on a proposal from the General Council of the Judiciary and with the participation of the Council of Justice of Catalonia,32 under the terms laid down in the Organic Law on the Judiciary.

Article 96  The Chief Prosecutor of Catalonia

1.  The Chief Prosecutor of Catalonia is the Chief Prosecutor of the High Court of Justice of Catalonia and represents the State Prosecutor’s Office in Catalonia. He shall be appointed under the terms set out in his organic statute.

2.  The President of the Generalitat orders the publication of the appointment of the Chief Prosecutor of Catalonia in the Official Journal of the Generalitat of Catalonia.

3.  The Chief Prosecutor of Catalonia must send a copy of the annual report of the prosecution service of the High Court of Justice of Catalonia to the Government, the Council of Justice of Catalonia and Parliament and must present it to Parliament within the six months following the day on which it is made public.

4.  The functions of the Chief Prosecutor are those set out in the organic statute of the State Prosecutor’s Office. The Generalitat may conclude agreements with the State Prosecutor’s Office.

Chapter II  The Council of Justice of Catalonia

Article 97  The Council of Justice of Catalonia33

The Council of Justice of Catalonia is the governing body of the judicial power in Catalonia. It acts as a decentralized body of the General Council of the Judiciary, without prejudice to the latter’s powers, in accordance with the provisions of the Organic Law on the Judiciary.

Article 98  Powers

1.  The powers of the Council of Justice of Catalonia are those set out in this Statute, the Organic Law on the Judiciary and the laws adopted by Parliament, and those which, as the case may be, are delegated to it by the General Council of the Judiciary.

2.  The powers of the Council of Justice of Catalonia with respect to the judicial bodies located in the territory of Catalonia are, in conformity with the provisions of the Organic Law on the Judiciary, the following:

  1. a)  to participate in the appointment of the President of the High Court of Justice of Catalonia as well as in that of the presidents of the divisions of the said High Court and the presidents of the regional courts;

  2. b)  to make proposals to the General Council of the Judiciary and to send the appointments and terminations of the lower and superior court judges who are temporarily part of the judiciary to assist, support or substitute, as well as deciding the assignment of these judges to the judicial bodies that need to be reinforced;

  3. c)  to deal with files and, in general, exercise disciplinary powers over lower and superior court judges under the terms laid down by law;

  4. d)  to participate in the planning of the inspection of lower and higher courts, to order, as the case may be, their inspection and supervision and to make proposals in this area, to carry out the orders of the Government to inspect lower and higher courts and to report on the results and the measures taken;

  5. e)  to report on appeals brought against the decisions of the governing bodies of the higher and lower courts of Catalonia;34

  6. f)  to specify and apply, if needs be, the regulations of the General Council of the Judiciary within Catalonia;

  7. g)  to report on the proposals to revise, define and modify the territorial districts of the judicial bodies and on proposals to create sections and lower courts;

  8. h)  to present an annual report to Parliament on the state and operation of the administration of justice in Catalonia;

  9. i)  all the powers assigned to it by the Organic Law on the Judiciary and the laws of Parliament, and those powers that are delegated to it by the General Council of the Judiciary.

3.  The decisions of the Council of Justice of Catalonia with respect to appointments, authorizations, licenses and permits must be adopted in accordance with the criteria adopted by the General Council of the Judiciary.35

4.  The Council of Justice of Catalonia, through its President, must submit to the General Council of the Judiciary the decisions that it makes and the initiatives that it undertakes and must provide the information that is requested of it.

Article 99  Composition, organization and operation

1.  The Council of Justice of Catalonia is composed of the President of the High Court of Justice of Catalonia, who presides over it,36 and by the members that are appointed, in accordance with the provisions of the Organic Law on the Judiciary from among lower and superior court judges, prosecutors or jurists of recognized prestige. The Parliament of Catalonia appoints the members of the Council as determined by the Organic Law on the Judiciary.

2.  The Council of Justice of Catalonia adopts its internal rules of procedure on organization and operation, in accordance with the applicable rules.

Article 100  Supervision of the acts of the Council of Justice of Catalonia

1.  The acts of the Council of Justice of Catalonia may be appealed to the General Council of the Judiciary, except where they have been taken in the exercise of powers of the Autonomous Community.37

2.  The acts of the Council of Justice of Catalonia that may not be challenged by appeal to the General Council of the Judiciary may be challenged in court under the terms laid down by law.

Chapter III  Powers of the Generalitat over the Administration of Justice

Article 101  Competitive examinations and competitions

1.  The Generalitat proposes to the national Government, the General Council of the Judiciary or the Council of Justice of Catalonia,38 as the case may be, the convocation of competitive examinations and competitions to fill the vacant positions for lower and superior court judges and prosecutors in Catalonia.

2.  The Council of Justice of Catalonia convenes the competitions to fill the vacant positions for lower and superior court judges in Catalonia under the terms laid down by the Organic Law on the Judiciary.39

3.  The tests for the competitions and the competitive examinations governed by this Article, when they take place in Catalonia, may be done in either of the two official languages at the option of the candidate.

Article 102  Judicial personnel and the other employees in the service of the administration of justice in Catalonia

1.  The lower and superior court judges and prosecutors who occupy a post in Catalonia must prove an adequate and sufficient knowledge of Catalan to render effective the linguistic rights of citizens in the manner and within the scope set down by law.

2.  The lower and superior court judges and prosecutors who occupy a post in Catalonia must prove a sufficient knowledge of Catalan law in the manner and within the scope set down by law.

3.  In any event, a sufficient knowledge of the language and the law is a specific and particular advantage in obtaining a position in the relevant transfer competitions.

4.  The personnel in the service of the administration of justice and the prosecution service in Catalonia must prove an adequate and sufficient knowledge of the two official languages that enables them to carry out the duties of their office or position.

Article 103  Personnel resources

1.  The Generalitat has the power to make rules for the non-judicial personnel in the service of the administration of justice, while respecting the legal status of this personnel set down in the Organic Law on the Judiciary. This power of the Generalitat includes the regulation of the:

  1. a)  organization of this personnel into bodies and scales;

  2. b)  process of selection;

  3. c)  internal promotion, initial training and continuing education;

  4. d)  decisions on postings and promotions;

  5. e)  administrative positions;

  6. f)  salary rules;

  7. g)  working days and working hours;

  8. h)  regulation of professional activity and functions;

  9. i)  licenses, permits, holidays and incompatibilities;

  10. j)  personnel registry;

  11. k)  disciplinary rules.

2.  Under the same conditions as Section 1, the Generalitat has executive and management power with respect to non-judicial personnel in the service of the administration of justice. This power includes:

  1. a)  approving the offer of a public post;

  2. b)  convening and deciding in all the selection processes and assigning to work posts;

  3. c)  appointing the officials who are successful in the selection processes;

  4. d)  giving previous and continuing training;

  5. e)  establishing the relations between work posts;

  6. f)  convening and deciding in all the processes for filling posts;

  7. g)  convening and deciding in all the processes for internal promotion;

  8. h)  managing the personnel registry, which is coordinated with that of the State;

  9. i)  managing all this personnel pursuant to the statutory and salary rules applicable to them;

  10. j)  exercising disciplinary powers and imposing penalties where necessary, including dismissal from the service;

  11. k)  exercising all the other functions that may be necessary to guarantee an effective and efficient management of the human resources in the services of the administration of justice.

3.  Within the framework laid down in the Organic Law on the Judiciary, a law of Parliament may create bodies of officials in the service of the administration of justice who are part of the public service of the Generalitat.

4.  The Generalitat has exclusive power over the employees of the administration of justice.

Article 104  Material resources

The material resources of the administration of justice in Catalonia are under the control of the Generalitat. This power includes:

  1. a)  the construction and repair of court buildings and those of the prosecution service;

  2. b)  the provision of furniture and materials for the court offices and those of the prosecution service;

  3. c)  the configuration, establishment and maintenance of communication and information systems, without prejudice to the powers of coordination and authorization belonging to the State in order to guarantee the compatibility of the system;

  4. d)  management and custody of the archives, pieces of evidence and intervening matters as far as they do not have a judicial nature;

  5. e)  participation in the management of judicial deposit and consignment accounts and in their yields, taking into account the volume of judicial activity carried on in the Autonomous Community and the effective cost of the services;

  6. f)  management, assessment and collection of the judicial fees established by the Generalitat within the sphere of its powers over the administration of justice.

Article 105  Judicial offices and support institutions and services

It is the responsibility of the Generalitat, in accordance with the Organic Law on the Judiciary, to decide on the creation, design, organization, funding and management of the judicial offices and support bodies and services for the judicial bodies, including the regulation of the institutions, institutes and services of forensic medicine and toxicology.

Article 106  Legal aid. Mediation and conciliation procedures

1.  The Generalitat has the power to regulate the services of legal aid and those oriented towards legal aid.

2.  The Generalitat may establish instruments and procedures of mediation and conciliation for the settlement of disputes over matters within its jurisdiction.

Article 107  Judicial boundaries, structure and seat

1.  At least every five years, after informing the Council of Justice of Catalonia, the Government of the Generalitat must propose to the national Government the definition and revision of judicial boundaries and structure in Catalonia. This proposal, which is mandatory, shall accompany the draft law that the Government sends to the national Parliament.

2.  The changes to the judicial structure that do not entail a legislative reform shall be within the power of the Government of the Generalitat. Likewise, the Generalitat may create divisions and lower courts, on delegation from the national Government, under the terms set out in the Organic Law on the Judiciary.

3.  The seat of the judicial districts is established by a law of Parliament.

Article 108  Justices of the peace and neighborhood justices

1.  The Generalitat has jurisdiction over judges of the peace under the terms laid down in the Organic Law on the Judiciary. Under these same terms, the Council of Justice is responsible for appointing the judges. The Generalitat is also responsible for their remuneration and for the provision of the necessary means for them to carry out their duties. It is also responsible for the creation of the secretariats and providing for them.

2.  The Generalitat in the places that it determines and in accordance with the provisions of the Organic Law on the Judiciary may set up a system of neighborhood justice that has the object of solving disputes quickly and efficiently.

Article 109  Subrogatory clause

The Generalitat exercises, besides the powers expressly assigned to it by this Statute, all the functions and powers that the Organic Law on the Judiciary recognizes as vested in the national Government with the respect to the administration of justice in Catalonia.

Title IV  The Powers

Chapter I  Types of Powers

Article 110  Exclusive powers

1.  The legislative power, the regulatory power and the executive function lie completely with the Generalitat within the area of its exclusive powers. The exercise of these powers and functions is the exclusive preserve of the Generalitat, by means of which it can set its own policies.

2.  Catalan law, in matters coming within the exclusive powers of the Generalitat, is the law applicable in its territory in preference to any other.

Article 111  Shared powers

In matters that the Statute assigns to the Generalitat on a shared basis with the State, the legislative power, the regulatory power and the executive function lie with the Generalitat within the bases that the State lays down as principles or common minimum rules in legal provisions with the rank of laws, except in those cases determined in accordance with the Constitution and this Statute.40 When exercising these powers, the Generalitat may set its own policies. Parliament must implement and specify by a law these basic provisions.

Article 112  Executive powers

Within the area of its executive powers, the Generalitat possesses the regulatory power, which includes the adoption of provisions for the application of the legal provisions of the State, as well the executive function, which includes in any event the power to organize its own administration and, in general, all those functions and activities that the legal system assigns to the public administrative authorities.

Article 113  Powers of the Generalitat and the law of the European Union

The Generalitat is responsible for the implementation, application and enforcement of the law of the European Union where it affects the areas within its jurisdiction, under the terms laid down in Title V.

Article 114  Promotional activity

1.  It is the responsibility of the Generalitat, in the matters coming within its jurisdiction, to carry out promotional activity. For this purpose, the Generalitat may grant subsidies from its own funds.

2.  It is the responsibility of the Generalitat, in the matters coming within its exclusive jurisdiction, to specify the objectives for which the subsidies from the State and the European Communities for the territory are destined, as well as to regulate the conditions of grant and the management, including the processing and concession.

3.  It is the responsibility of the Generalitat, in the matters coming within the shared jurisdiction, to set down legal provisions specifying the objectives for which the subsidies from the State and the European Communities for the territory are destined, as well as to regulate the conditions of grant and the overall management, including the processing and concession.

4.  It is the responsibility of the Generalitat, in the matters coming within its exclusive jurisdiction, to manage the subsidies from the State and the European Communities for the territory, including the processing and concession.

5.  The Generalitat participates in determining the non-territorial character of the subsidies from the State and the European Communities. Likewise, it participates, under the terms laid down by the State, in their management and processing.

Article 115  Territorial scope and effects of the powers

1.  The material scope of the powers of the Generalitat extends to the territory of Catalonia except in those cases referred to expressly in this Statute and other legal provisions that establish the extraterritorial legal effectiveness of the provisions and acts of the Generalitat.

2.  The Generalitat, in those cases where the object of its powers has a territorial scope beyond the territory of Catalonia, exercises its powers over the part of that object that is located in its territory, without prejudice to the instruments of collaboration that may be established with other territorial entities or, on the basis of subsidiarity, to the coordination by the State of the affected Autonomous Communities.

Chapter II  The Subject Matters of the Powers

Article 116  Agriculture, stockbreeding and forestry

1.  The Generalitat has exclusive power over agriculture and stockbreeding, while respecting the provisions laid down by the State pursuant to the powers assigned to it by Articles 149(1)(13) and (16) of the Constitution. This power includes in any event:

  1. a)  the regulation and development of agriculture, stockbreeding and the agricultural products sector;

  2. b)  the regulation and enforcement of the quality, traceability and conditions of agricultural and stockbreeding products, as well as the fight against fraud in the area of the production and marketing of agricultural products;

  3. c)  the regulation of the participation of agrarian and stockbreeding organizations and agrarian chambers in public bodies;

  4. d)  animal and plant health where it does not affect human health, and the protection of animals;

  5. e)  seeds and nurseries, especially everything related to genetically modified organisms;

  6. f)  the regulation of production processes, farming areas, agrarian structures and the legal rules applicable to them;

  7. g)  the overall development and protection of the rural world;

  8. h)  research, development, technology transfer and innovation of the farming areas and the agrarian and food undertakings and training in these matters;

  9. i)  agricultural, forestry and stockbreeding fairs and competitions.

2.  The Generalitat has shared jurisdiction over:

  1. a)  the planning of agriculture and stockbreeding and the agricultural products sector;

  2. b)  the regulation and the legal rules for administrative intervention and use of the mountains, the forestry works and services and the cattle trails in Catalonia.

Article 117  Water and hydraulic works

1.  The Generalitat has, with respect to waters that belong to intra-community hydrographic basins, exclusive power, which includes in any event:

  1. a)  the administrative regulation, the planning and the management of ground and subterranean water, of the uses and of the hydraulic works, as well as of the hydraulic works that are not qualified as of general interest;

  2. b)  the planning and the adoption of measures and specific instruments to manage and protect the water resources and the aquatic and land ecosystems linked to water;

  3. c)  extraordinary measures in cases of an emergency in order to guarantee the supply of water;

  4. d)  the organization of the hydraulic administration of Catalonia, including the participation of users;

  5. e)  the regulation and enforcement of the actions related to the concentration of land ownership and irrigation works.

2.  The Generalitat, under the terms set out in national legislation, assumes executive powers over the public hydraulic domain and the works of general interest. Under the same terms, it has the right to participate in the planning and programming of works of general interest.

3.  The Generalitat participates in hydrological planning and in the national bodies managing water resources and hydraulic works that belong to inter-community, hydrographic basins. The Generalitat has executive power, within the ambit of its territory, over:

  1. a)  the adoption of additional measures to protect and cleanse the water resources and the aquatic ecosystems;

  2. b)  the realization and exploitation of state-owned works if this is established by an agreement;

  3. c)  police powers with respect to the public hydraulic domain assigned by national legislation.

4.  The Generalitat must issue a mandatory report for any proposal to divert basins that entails a modification of the water resources in it territory.

5.  The Generalitat participates in the hydrological planning of the water resources and hydraulic works that pass through or end in Catalonia and which come from territories beyond the Spanish State, in accordance with the mechanisms set out in Title V, and it shall participate in its application under the terms laid down in national legislation.

Article 118  Associations and foundations

1.  The Generalitat has exclusive power, while respecting the basic conditions set down by the State guaranteeing equality in the exercise of the power and the reservation of the organic law, over the legal rules applicable to the associations that carry out the majority of their activities in Catalonia. This power includes in any event:

  1. a)  the regulation of the methods of association, their name, their aims, the requirements for formation, modification, extinction and winding-up, the contents of the statutes, the organs of government, the rights and duties of members, the obligations of the associations and associations of a special character;

  2. b)  the determination and the legal rules for applying the tax benefits for associations that are set out in the tax rules, as well as the declaration of public usefulness, the contents and the requirements for obtaining it;

  3. c)  the register of associations.

2.  The Generalitat has exclusive power over the legal rules for foundations that carry out the majority of their activities in Catalonia. The power includes in any event:

  1. a)  the regulation of the types of foundation, their name, their aims and the beneficiaries of their foundational aims; the capacity for founding; the requirements for formation, modification, extinction and winding-up; the statutes; the funding and the rules applicable to a foundation in the process of formation; the board of trustees and the patrons, the assets and the economic and financial structure;

  2. b)  the determination and the legal rules for applying the tax benefits for foundations that are set out in the tax rules;

  3. c)  the register of foundations.

3.  It is incumbent on the Generalitat to set down the criteria, the regulation of the conditions, the application and the supervision of public aids to associations and foundations.

Article 119  Hunting, fishing, maritime activities and regulation of the fishing sector

1.  The Generalitat has exclusive power over hunting and river fishing, which includes in any event:

  1. a)  planning and regulation;

  2. b)  regulation of the legal rules for administrative intervention in hunting and fishing, of surveillance and of hunting and fishing areas.

2.  The Generalitat has exclusive power over maritime and recreational fishing in interior waters, as well as the regulation and management of fish resources and the delineation of protected spaces.

3.  The Generalitat has exclusive power over maritime activities, which include in any event:

  1. a)  the regulation and management of shellfish farming and aquiculture and the establishment of the conditions for their practice, as well as the regulation and management of the resources;

  2. b)  the regulation and management of installations destined for these activities;

  3. c)  professional diving;

  4. d)  training and qualifications with respect to recreational activities.

4.  The Generalitat shares jurisdiction over the regulation of the fishing sector. The power includes, in any event, the regulation and the administrative measures of application with respect to the professional conditions for carrying on fishing, the construction, security and official register of boats, guilds of fishermen and fish markets.

Article 120  Savings banks

1.  The Generalitat has, with respect to savings banks domiciled in Catalonia, exclusive power over the regulation of their organization, while respecting the provisions laid down by the State pursuant to the powers assigned to it under Articles 149(1)(11) and 149(1)(13) of the Constitution. This power includes in any event:

  1. a)  the determination of their governing bodies and the form in which the different corporate interests must be represented;

  2. b)  the legal status of the members of the governing bodies and of the other offices of the savings banks;

  3. c)  the legal rules for their creation, merger, winding-up, and registration;

  4. d)  the exercise of the administrative powers in relation to the foundations that they create;

  5. e)  the regulation of the groupings of savings banks with their head office in Catalonia.

2.  The Generalitat shares jurisdiction, with respect to savings banks domiciled in Catalonia, over their financial activity, in accordance with the principles, rules and minimum standards established by41 the basic provisions of the State, which jurisdiction includes, in any event, the regulation of the distribution of the surplus of the corporate activity of the banks.

Likewise, the Generalitat shall monitor the process of issuing and distributing participating quotas, except the aspects relating to the rules on public offers of sale or subscription of shares and admission to trading, and to financial stability and solvency.

3.  The Generalitat shares jurisdiction, with respect to savings banks domiciled in Catalonia, over the discipline, inspection and sanctions of savings banks. This power includes, in any event, the establishment of additional infractions and penalties with respect to matters within its jurisdiction.

4.  The Generalitat, in accordance with the provisions of national legislation, collaborates in the activities of inspection and sanction that the Ministry of the Economy and the Treasury and the Bank of Spain undertake with respect to savings banks domiciled in Catalonia.

Article 121  Commerce and fairs

1.  The Generalitat has exclusive power over commerce and fairs, which includes the regulation of non-international fairs and the administrative regulation of commercial activity. The latter in any event includes the following:

  1. a)  the determination of the administrative conditions for carrying on commerce and the places and establishments where it is carried on, and the administrative regulation of electronic commerce or commerce by any other means;

  2. b)  the administrative regulation of all the forms of sale and forms of performing commercial activity, as well as promotional sales and sales at a loss;

  3. c)  the regulation of the hours of business, while respecting the constitutional principle of market unity;

  4. d)  the classification and territorial planning of the commercial premises, and the regulation of the requirements and the legal rules for the installation, extension and change of activity of the establishments;

  5. e)  the establishment and application of the rules and standards of quality related to commercial activity;

  6. f)  the adoption of measures of administrative policing with respect to market discipline.

2.  The Generalitat has exclusive power over international fairs that take place in Catalonia, which includes in any event:

  1. a)  the authorization and declaration of an international fair;

  2. b)  the promotion, management and coordination;

  3. c)  the inspection, evaluation and rendering of accounts;

  4. d)  the establishment of the internal regulations;

  5. e)  the appointment of a delegate in the directing bodies of each fair.

3.  The Generalitat collaborates with the State in establishing the calendar of international fairs.

Article 122  Popular consultations

The Generalitat has exclusive power over the establishment of the legal rules, the modalities, the procedure, the carrying out and the convening by the Generalitat itself or by the local entities, within the area of its jurisdiction, of surveys, public hearings, forums of participation and any other instrument of popular consultation, with the exception of that provided for in Article 149(1)(32) of the Constitution.

Article 123  Consumer policy

The Generalitat has exclusive power over consumer policy, which includes in any event:

  1. a)  the defense of the rights of consumers and users, proclaimed in Article 28, and the establishment and application of the administrative proceedings for complaints and claims;

  2. b)  the regulation and promotion of consumer and user associations and their participation in the proceedings and matters that affect them;

  3. c)  the regulation of mediation bodies and proceedings in matters of consumer policy;

  4. d)  the training and education of consumers;

  5. e)  the regulation of information with respect to consumers and users.

Article 124  Social cooperatives and social economy

1.  The Generalitat has exclusive power over cooperatives.

2.  The power referred to in Section 1 includes the organization and operation of cooperatives, which includes in any event:

  1. a)  their definition, name and classification;

  2. b)  the criteria for the fixing of domicile;

  3. c)  the guiding criteria of activity;

  4. d)  the requirements for formation, modification of the corporate statutes, merger, conversion, dissolution and winding-up;

  5. e)  the judgment,42 entry and certification in the relevant register;

  6. f)  the rights and duties of the members;

  7. g)  the financial rules and the corporate documents;

  8. h)  conciliation and mediation;

  9. i)  cooperative groups and the forms of economic collaboration of cooperatives.

3.  The power referred to in Section 1 includes in any event the regulation and promotion of the cooperative movement, in particular to promote forms of participation in the undertaking, the access of workers to the means of production and social and territorial cohesion. The regulation and the promotion of the cooperative movement include:

  1. a)  the regulation of cooperative associations;

  2. b)  cooperative instruction and training;

  3. c)  the setting of the criteria, the regulation of the conditions and the supervision of public aids to cooperatives.

4.  The Generalitat has exclusive power over the promotion and regulation of the social economy sector.

Article 125  Public law corporations and professions where higher education is a prerequisite

1.  The Generalitat has exclusive power with respect to professional colleges, academies, agrarian chambers, chambers of commerce, industry and navigation and other public law corporations that represent economic and professional interests, except for what is set out in Sections 2 and 3. This power, while respecting the provisions of Articles 36 and 139 of the Constitution, includes in any event:

  1. a)  the regulation of the internal organization, operations and economic, budgetary and accounting regime well as the legal rules on setting up colleges and joining them, on the rights and duties of their members and on discipline;

  2. b)  the creation and assignment of functions;

  3. c)  administrative overseeing;

  4. d)  the electoral system and procedure applicable to the election of the members of the corporations;

  5. e)  the determination of the territorial scope and possible grouping within Catalonia.

2.  The Generalitat shares jurisdiction over the definition of the corporations to which Section 1 refers and over the requirements for their formation and for becoming a member of them.

3.  The chambers of commerce, industry and navigation may, with the prior agreement of the Generalitat with the State, carry out functions involving foreign commerce and allocate resources of the chambers to these functions.

4.  The Generalitat has exclusive power over the exercise of the professions where higher education is a prerequisite, while respecting the general rules on academic and professional qualifications and the provisions of Articles 36 and 139 of the Constitution. This includes in any event:

  1. a)  the setting down of the requirements and conditions for exercising the professions where higher education is a prerequisite as well as the rights and duties of the professionals themselves and the rules on incompatibilities;

  2. b)  the regulation of the administrative guarantees against the entry of unqualified persons and irregular activities, as well as the regulation of the professional services of an obligatory character;

  3. c)  the disciplinary rules relating to the exercise of these professions.

Article 126  Credit, banks, insurance and benefit societies that are not part of the social security system

1.  The Generalitat has exclusive power over the structure, organization and operation of the benefit societies of social welfare that are not part of the social security system.

2.  The Generalitat shares jurisdiction over the structure, organization and operation of credit institutions that are not savings banks and entities, of credit cooperatives and entities that manage pension plans and funds and of the natural and legal persons who are active in the insurance market and to whom Section 1 not does refer, in accordance with the principles, rules and minimum standards set by43 the basic provisions of the State.

3.  The Generalitat shares jurisdiction over the activity of the entities referred to in Sections 1 and 2. This power includes the discharged instruments of enforcement assigned to it by national legislation.

4.  The Generalitat shares jurisdiction over the discipline, inspection and sanction of the entities referred to in Section 2.

Article 127  Culture

1.  The Generalitat has exclusive power over culture. This exclusive power includes:

  1. a)  The artistic and cultural activities that take place in Catalonia, which include:

    1. First.  The measures related to the production and distribution of books and periodical publications in any medium, as well as the management of their legal deposit and the granting of identification codes.

    2. Second.  The regulation and inspection of cinemas, the means of protection for the cinematographic industry and the supervision and granting of dubbing licenses to distributing undertakings domiciled in Catalonia.

    3. Third.  The rating of films and audiovisual materials according to age and cultural values;

    4. Fourth.  The promotion, planning, construction and management of cultural facilities situated in Catalonia.

    5. Fifth.  The establishment of fiscal incentives for cultural activities in the taxes over which the Generalitat has decision-making powers;

  2. b)  The cultural heritage, which includes in any event:

    1. First.  The regulation and the application of measures aimed at guaranteeing the enrichment and dissemination of the cultural heritage of Catalonia and at facilitating access to it.

    2. Second.  The inspection, inventory and restoration of the architectural, archeological, scientific, technical, artistic, ethnological and general cultural heritage.

    3. Third.  The establishment of legal rules for actions involving real or movable assets that are part of the cultural heritage of Catalonia and the determination of the legal rules for real property, as well as the declaration and management of these assets with the exception of those that belong to the State.

    4. Fourth.  The protection of the cultural heritage of Catalonia, which includes the conservation, repair, surveillance regime and supervision of these assets, without prejudice to the power of the State over the protection of the assets making up this heritage against exportation and pillaging.

  3. c)  The archives, libraries, museums and other centers of cultural collections that do not belong to the State, which includes in any event:

    1. First.  The creation, management, protection of and establishment of legal rules for the centers to which the system of archives belongs, and library and museum systems and those of the other centers of cultural collections.

    2. Second.  The establishment of legal rules for documentary, bibliographical and cultural assets that are deposited in the above.

    3. Third.  The conservation and recovery of assets that are part of the documentary and bibliographical heritage of Catalonia;

  4. d)  The promotion of culture, which includes:

    1. First.  The encouragement and dissemination of the creation and production of theatrical, musical, audiovisual, literary, dance, circus and combined arts works that are carried out in Catalonia.

    2. Second.  The promotion and dissemination of the cultural, artistic and monumental heritage and of the centers of cultural collections in Catalonia.

    3. Third.  The international projection of Catalan culture.

2.  The Generalitat has executive power over the archives, libraries, museums and centers of cultural collections belonging to the State that are situated in Catalonia, where the management is not expressly reserved to the State, which power includes, in any event, the regulation of their operation, organization and treatment of personnel.

3.  The prior agreement of the Generalitat is required for actions undertaken by the State in Catalonia with respect to investment in cultural assets and facilities. In the case of activities undertaken by the State with respect to the international projection of culture, the Governments of the State and the Generalitat shall draw up formulas of mutual collaboration and cooperation in conformity with the provisions of Title V of this Statute.

Article 128  Guarantees and geographical indications of quality

1.  The Generalitat has, while respecting the provisions of Article 149(1)(13) of the Constitution, exclusive power over denominations of origin and other indications of quality, which includes the legal rules on their creation and operation, which in turn includes:

  1. a)  the determination of the possible levels of protection of products and the legal rules and conditions, as well as the rights and duties that derive from them;

  2. b)  the legal rules pertaining to the ownership of the denominations, while respecting the legislation on industrial property;

  3. c)  the regulation of the forms and conditions of production and marketing of the relevant products, and the applicable system of penalties;

  4. d)  the legal rules applicable to the administrative organization of the denomination of origin or indication of quality with reference as much to management as to the supervision of production and marketing.

2.  The power referred to in Section 1 includes the recognition of the denominations or indications, the adoption of their regulatory norms and all the administrative powers of management and supervision over the use of the denominations or indications, especially those powers that arise from the possible administrative surveillance of the denominating bodies and the exercise of the power of sanction for infringement of the rules on denominations.

3.  The Generalitat exercises, where the territory of a denomination extends beyond the borders of Catalonia, the powers of management and supervision over the actions of the denominating bodies with respect to the lands and installations situated in Catalonia, under the terms laid down by the law. The Generalitat participates in the denominating bodies and in the exercise of their management powers.

4.  The Generalitat carries out on its territory the duties of protection arising from the recognition by the Generalitat itself of a denomination of origin or a protected geographical indication. The relevant authorities collaborate in the protection of the Catalan geographical denominations and those denoting quality outside of Catalonia and before the relevant European and international institutions of protection.

Article 129  Civil law

The Generalitat has exclusive power over civil law, with the exception of the matters that Article 149(1)(8) assigns in any case to the State. This power includes the determination of the system of the sources of Catalan civil law.

Article 130  Procedural law

It is the responsibility of the Generalitat to lay down the specific procedural rules that derive from the particularities of Catalan substantive law.

Article 131  Education

1.  The Generalitat has exclusive power, with respect to non-university education, over post-mandatory instruction that does not lead to the receipt of a degree or academic or professional certification with validity throughout Spain and over the centers of learning where such education is given.

2.  The Generalitat has exclusive power, with respect to non-university education, over mandatory and non-mandatory education that leads to the receipt of an academic or professional qualification that is valid throughout Spain and over child education. This exclusive power includes:

  1. a)  the regulation of the participatory and advisory bodies of the sectors affected by the organization of education in their territory;

  2. b)  the determination of the educational content of the first cycle of child education and the regulation of the centers in which this cycle is taught, as well as the definition of the staff of the professorate and the qualifications and specializations of the other personnel;

  3. c)  the creation, the organizational development and rules of public centers;

  4. d)  the inspection, internal evaluation of the educational system, innovation, and educational research and experimentation, as well as the guarantee of the quality of the educational system;

  5. e)  the rules applicable to the encouragement of studies, to scholarships and to aids from its own funds;

  6. f)  adult education and the further education of the teaching personnel and the other educational professionals, and the adoption of performance directives with respect to human resources;

  7. g)  educational services and complementary extra-curricular activities with respect to the public teaching centers and the private centers supported by public funds;

  8. h)  the organizational aspects of long-distance instruction aimed at students who have passed the age of mandatory schooling.

3.  The Generalitat shares jurisdiction over matters not governed by Section 2 and in connection with the education contemplated by it, while respecting the essential aspects of the right to education and the freedom of instruction with respect to non-university education and in accordance with the provisions of Article 149(1)(30) of the Constitution. This power includes in any event:

  1. a)  the organization of education, its definition and the general evaluation of the educational system;

  2. b)  the regulation of the educational sector and teaching and educational activity;

  3. c)  the establishment of appropriate plans of study, including regulation of the curriculum;

  4. d)  the rules with respect to encouraging studies, scholarships and state aids;

  5. e)  access to education and the establishment and regulation of the criteria of the admission and schooling of pupils in teaching centers;

  6. f)  the rules for supporting with public funds of the teachings in of the educational system and the centers that dispense it;

  7. g)  the requirements and conditions for teaching and educational centers;

  8. h)  the organization of the public and private centers supported by public funds;

  9. i)  the participation of the educational community in the supervision and management of public teaching centers and private centers supported by public funds;

  10. j)  the acquisition and loss of the status of a teaching official of the educational administration and the development of their basic rights and duties, as well as the personnel policy for those in the service of the educational administration.

4.  The Generalitat has executive power, with respect to non-university education, over the issuing and approval of the academic and professional qualifications of the State.

Article 132  Emergencies and civil protection

1.  The Generalitat has exclusive power over civil protection, which include, in any event, the regulation, planning and enforcement of measures relating to emergencies and civil security, as well as the direction and coordination of the services of civil protection, which include the services of preventing and putting out fires, without prejudice to the powers in this matter of local governments and while respecting the provisions of the State on the exercise of its powers in the matter of public security.

2.  The Generalitat must, in the cases relating to emergencies and civil protection that go beyond Catalonia, promote mechanisms of collaboration with other Autonomous Communities and with the State.

3.  The Generalitat has executive power with respect to maritime rescue, under the terms laid down by national legislation.

4.  The Generalitat participates in enforcement with respect to nuclear safety under the terms set out in the agreements concluded for this purpose and, as the case may be, in the laws.

Article 133  Energy and mining

1.  The Generalitat share jurisdiction over energy. This power includes in any event:

  1. a)  the regulation of the activities of the production, storage and transport of energy, the granting of authorizations for installations that run completely through the territory of Catalonia and the exercise of inspection and supervision activities over all the existing installations in Catalonia;

  2. b)  the regulation of the activity of the distribution of energy that takes place in Catalonia, the granting of authorizations for the relevant installations and the exercise of the activities of inspection and supervision over all the existing installations in Catalonia;

  3. c)  the development of complementary quality rules for the energy supply services;

  4. d)  the promotion and management of renewable energies and energy efficiency.

2.  The Generalitat participates by means of issuing of a prior report in the procedure for granting the authorization of installations for the production and transport of energy that go beyond the territory of Catalonia or where the energy is exploited outside this territory.

3.  The Generalitat participates in the regulation and planning by the State of the energy sector where it affects the territory of Catalonia.

4.  The Generalitat shares jurisdiction over the regulation of mining. This power includes, in any event, the regulation and the legal rules for administrative intervention and supervision of the mines and mineral resources that are located in the territory of Catalonia and extraction activities that are carried out.

Article 134  Sport and leisure time

1.  The Generalitat has exclusive power over sport, which include in any event:

  1. a)  the promotion, spreading, planning and coordination, application, advising, establishment and projection of the practice of physical activity and sport in any part of Catalonia at all social levels;

  2. b)  the organization of the bodies of mediation with respect to sport;

  3. c)  the regulation of sports training and the fostering of the use of technology and high performance in sport;

  4. d)  the establishment of the legal rules for the sporting federations and clubs and the Catalan entities that promote and organize the practice of sport and physical activity within Catalonia, and the declaration of public utility of sports bodies;

  5. e)  the regulation with respect to the sporting, competitive and electoral discipline of the entities that promote and organize the practice of sport;

  6. f)  the encouragement and promotion of sporting associations;

  7. g)  the registry of the entities that promote and organize the practice of physical and sporting activity and which have their head office in Catalonia;

  8. h)  the planning of the network of sporting facilities in Catalonia and the promotion of their construction;

  9. i)  the supervision and the sports medical monitoring of the health of persons practicing physical and sporting activity;

  10. j)  regulation with respect to the prevention and control of violence in public sporting events, while respecting the powers reserved to the State with respect to public security;

  11. k)  the guarantee of the safety of spectators and the other persons involved in the organization and exercise of physical and sporting activity, as well that of the health safety and supervision of sporting facilities;

  12. l)  the development of scientific research with respect to sport.

2.  The Generalitat participates in State, European and international entities and bodies that are dedicated to the development of sport.

3.  The Generalitat has exclusive power with respect to leisure time, which includes in any event the promotion and regulation of the activities that are carried out on the territory of Catalonia and the legal rules applicable to the entities that have as their purpose the exercise of leisure activities.

4.  The Generalitat participates in State, European and international entities and bodies that are dedicated to the development of leisure time.

Article 135  Statistics

1.  The Generalitat has exclusive power with respect to statistics of interest to the Generalitat, which includes in any event:

  1. a)  the planning of statistics;

  2. b)  administrative organization;

  3. c)  the creation of the Generalitat’s own official statistical system.

2.  The Generalitat participates and collaborates in the preparation of statistics of supra-autonomous scope.

Article 136  The public service and the personnel in the service of the Catalan public administrative authorities

The Generalitat has, with respect to the public service, while respecting the principle of local autonomy:

  1. a)  exclusive power over the statutory regime of the personnel in the service of the Catalan public administrative authorities and over the regulation and organization of the public service, except for the provisions in letter (b);

  2. b)  shared power over the development of the organizational principles of public employment and over the acquisition and loss of official status, the administrative positions and the rights, duties and incompatibilities of the personnel in the service of the public administrative authorities;

  3. c)  exclusive power, with respect to employees, over the adaptation of the relation of positions to the needs arising from the organization of the administration and the training of these employees.

Article 137  Housing

1.  The Generalitat has exclusive power with respect to housing, which includes in any event:

  1. a)  the planning, regulation, management, inspection and supervision of housing in accordance with social needs and territorial equilibrium;

  2. b)  the establishment of priorities and objectives in the promotional activity of the public administrative authorities of Catalonia with respect to housing, and the adoption of the necessary measures for its scope, as much in relation to the public sector as the private one;

  3. c)  public promotion of housing;

  4. d)  the administrative regulation of business with respect to dwelling places, and the establishment of measures of protection and discipline in this area;

  5. e)  the technical norms and the inspection and supervision of the quality of construction;

  6. f)  norms with respect to the habitability of dwelling places;

  7. g)  technological innovation and sustainability applicable to dwelling places;

  8. h)  rules with respect to the conservation and maintenance of dwelling places and their application.

2.  The Generalitat has jurisdiction over the conditions of the buildings for the installation of common telecommunications infrastructures, radio and television, basic telephone services and other cable services, while respecting the national legislation on telecommunications.

Article 138  Immigration

1.  The Generalitat has the following responsibilities with respect to immigration:

  1. a)  exclusive power with respect to the first reception of immigrants, what shall include socio-health matters and orientation;

  2. b)  the implementation of the policy of integration of immigrants within the framework of its powers;

  3. c)  the establishment and regulation of the necessary means for the social and economic integration of immigrants and their participation in society;

  4. d)  the establishment by law of a frame of reference for the reception and integration of immigrants;

  5. e)  the promotion and integration of returnees and aid to them, promoting the policies and measures necessary to facilitate their return to Catalonia.

2.  The Generalitat has executive power with respect to the authorization to work for foreigners whose occupational activity is carried on in Catalonia. This power, which shall be exercised in necessary coordination with that belonging to the State with respect to the entry and residence of foreigners, includes:

  1. a)  the processing and resolution of initial work authorizations on their own account or for others;

  2. b)  the processing and resolution of the appeals brought in connection with the proceedings referred to in letter (a) and the application of the rules on inspection and penalties.

3.  The Generalitat has the right to participate in the decisions of the State on immigration that have especial importance for Catalonia and it has, in particular, a mandatory prior participation in the determination of the contingent of foreign workers through the mechanisms set out in Title V.

Article 139  Industry, artisanal activities, metrological control and assaying of metals

1.  The Generalitat has exclusive power with respect to industry, except for what is set out in Section 2. This power includes, in any event, the regulation of the industrial sectors and processes in Catalonia and the safety of the activities, installations, teams, processes and industrial products and the regulation of the industrial activities that may have an impact on the safety or health of persons.

2.  The Generalitat shares power over the planning of industry within the framework of the general ordering of the economy.

3.  The Generalitat has exclusive power with respect to artisanal activities.

4.  The Generalitat has executive power with respect to metrological supervision.

5.  The Generalitat has executive power with respect to the assaying of metals.

Article 140  Transport and communications infrastructures

1.  The Generalitat has exclusive power over ports, airports, heliports and other transport infrastructures in the territory of Catalonia that are not legally qualified as of general interest. The power includes in any event:

  1. a)  the applicable legal rules, the planning and management of all the ports, airports, port and airport installations, minor maritime installations, cargo terminal stations in port and airport precincts and other transport infrastructures;

  2. b)  the management of the public land necessary to offer the service, especially the grant of authorizations and licenses within the port and airport precincts;

  3. c)  the economic regime of port and airport services, especially the tariff and tax powers and the levying and collection of all types of taxes and charges related to the use of the infrastructure and the service that is offered;

  4. d)  the demarcation of the services area of ports and airports, and the determination of the uses, facilities and complementary activities within the precincts of the port or airport or other transport infrastructures, while respecting the rights of the owner of the public land.

2.  The Generalitat participates in the bodies of supra-autonomous scope that exercise powers over the transport infrastructures in Catalonia that belong to the State.

3.  The qualification of the general interest of a port, airport or other transport infrastructure situated in Catalonia requires a prior report from the Generalitat, which may participate in its management or take it over, in accordance with the provisions of the law.

4.  The Generalitat has the right to participate in the planning and organization of ports and airports of general interest under the terms set out in national provisions.

5.  The Generalitat has exclusive power over its road network throughout Catalonia, and it may participate as well in the management of the State’s network in Catalonia, in accordance with the provisions of national law. This power includes in any event:

  1. a)  the regulation, planning and integrated management of the road network in Catalonia;

  2. b)  the legal and financial rules applicable to all the elements of the road network owned by the State;

  3. c)  the inter-connectability of the elements making up the road network of Catalonia between themselves or with other transport infrastructures or other networks.

6.  The Generalitat has, with respect to the rail network, exclusive power in relation to the infrastructures that it owns, and it may participate in the planning and management of the State infrastructures situated in Catalonia, in accordance with the provisions of national law.

7.  The Generalitat has executive power, in accordance with national rules, with respect to electronic communications, which includes in any event:

  1. a)  promoting the existence of a minimum bundle of services for universal access;

  2. b)  inspecting the common telecommunications infrastructures and exercising the corresponding power of sanction;

  3. c)  settling disputes between radio and television operators who share a cover multiplex that does not extend beyond the territory of Catalonia;

  4. d)  managing the register of installers of common telecommunications infrastructures and that of managers of multiplexes that do not extend beyond the territory of Catalonia.

Article 141  Gaming and public entertainment

1.  The Generalitat has exclusive power with respect to gaming, betting and casinos where the activity is carried on exclusively in Catalonia. The power includes in any event:

  1. a)  the creation and authorization of games and bets and their regulation, as well as the regulation of the undertakings dedicated to the management, exploitation and practice of these activities, or which have as their objective the marketing and distribution of materials related to gaming in general, including the forms of gaming by means of computers and telematics.

  2. b)  the regulation and supervision of the premises, installations and facilities used to carry on these activities;

  3. c)  the determination, within the framework of its powers, of the fiscal rules applicable to the gaming activity of the undertakings that carry it on.

2.  The authorization of new ways of gaming and betting within the State, or the modification of existing ones, requires a decision of the Generalitat-State Bilateral Commission provided for in Title V and a prior decisive report from the Generalitat.

3.  The Generalitat has exclusive power with respect to public entertainment and recreational activities, which includes in any event the regulation of the sector, the legal rules for administrative intervention and the supervision of any type of entertainment in public spaces and premises.

Article 142  Youth

1.  The Generalitat has exclusive power with respect to youth, which include in any case:

  1. a)  the preparation, application and evaluation of policies, plans and programs aimed at the youth;

  2. b)  the promotion of juvenile associations, initiatives for the participation of young people, international mobility and youth tourism;

  3. c)  the regulation, management, intervention and the administrative policy of activities and installations destined for young people.

2.  The Generalitat may conclude agreements with international entities and participate in them, in collaboration with the State or on its own, if the rules of the relevant entity permit this, and, in any event, it processes documents granted by international entities that affect persons, installations or entities resident in Catalonia, while respecting national legislation.

Article 143  The native language

1.  The Generalitat has exclusive power with respect to the native language, which includes, in any event, the determination of the scope, use and legal effects of its official status, as well as the linguistic rules of Catalan.

2.  The Generalitat and the General Council of Aran share jurisdiction over the linguistic rules of Occitan, called Aranese in Aran.

Article 144  Environment, natural areas and meteorology

1.  The Generalitat share jurisdiction over the environment and has the power to establish additional norms of protection. This shared jurisdiction includes in any event:

  1. a)  the establishment and regulation of environmental planning instruments and of the procedure for processing and approving these instruments;

  2. b)  the establishment and regulation of measures of environmental sustainability, taxation and research;

  3. c)  the regulation of the natural resources, the flora and fauna, biodiversity and the marine and aquatic environment as long as the measures do not aim at the preservation of the maritime fish resources;

  4. d)  regulation with respect to prevention in the production of containers and packaging throughout their life cycle, from when they are generated until they become waste;

  5. e)  regulation with respect to prevention and correction of the generation of waste originating in or destined for Catalonia and with respect to its management, transfer and final disposal;

  6. f)  regulation with respect to prevention, control, correction, recovery and compensation for the contamination of the soil or subsoil;

  7. g)  the regulation and management of spills occurring in the interior waters of Catalonia as well as those occurring in surface and subterranean waters that do not pass through another Autonomous Community. In any case, the Generalitat has executive power, within its territory, over administrative intervention regarding spills in surface and subterranean waters;

  8. h)  the regulation of the atmospheric environment and the different classes of pollution of it, the declaration of areas of polluted atmosphere and the establishment of other instruments of control of the pollution regardless of the administrative authority that is competent to authorize the work, installation or activity that produces it;

  9. i)  the regulation of the rules for authorizing and monitoring the emission of greenhouse gases;

  10. j)  the promotion of norms relating to products, activities, installations, infrastructures, procedures, production processes or conduct that are respectful of the environment;

  11. k)  the prevention, restoration and repair of damage to the environment as well as the corresponding sanctions regime;

  12. l)  measures to protect species and the sanctions regime.

2.  The Generalitat has exclusive jurisdiction with respect to natural areas, which, while respecting the provisions of Article 149(1)(23) of the Constitution, includes, in any event, the regulation and declaration of the forms of protection, demarcation, planning and management of natural areas and protected habitats located in Catalonia.

3.  The Generalitat, in the case of natural areas that stretch beyond the borders of Catalonia, must promote instruments of collaboration with other Autonomous Communities in order to create, delimit, regulate and manage these areas.

4.  The declaration and delimitation of natural areas endowed with a protective regime established by the State require a mandatory report from the Generalitat-State Bilateral Commission. If the area is situated completely within the territory of Catalonia, the Generalitat is responsible for its management.

5.  The Generalitat is responsible for setting up its own meteorological service and for supplying climatic and meteorological information, including the forecasting, supervision and monitoring of risky meteorological situations, as well as research in these areas and the preparation of the climatic cartography.

6.  The Generalitat exercises its powers through the Body of Rural Agents, who are responsible for the surveillance, supervision, protection, comprehensive prevention and collaboration in the management of the environment. The members of this body have the status of agents of the authorities and exercise the functions of a special administrative police and the judicial police, under the terms laid down by law.

Article 145  Stock markets and trading centers

The Generalitat shares jurisdiction over stock markets and trading centers located in Catalonia, This power includes, in any event:

  1. a)  the creation, naming, authorization and supervision of stock markets and organized systems of negotiation;

  2. b)  the regulation and the administrative enforcement measures with respect to the organization, operation, discipline and sanctions regime of the governing companies of stock markets;

  3. c)  the supervisionl of the issue, admission, suspension, exclusion and the establishment of additional admission requirements for securities that are negotiated exclusively on these markets, as well as inspection and supervision;

  4. d)  the accreditation of persons and entities as members of these markets;

  5. e)  the setting of the sureties that the members of stock markets must provide as a guarantee for pending winding-up operations.

Article 146  Means of mass communication and services of audiovisual content

1.  The Generalitat has, with respect to radio and television services, as well as any audiovisual communication service, the following jurisdiction:

  1. a)  exclusive power over the organization of the delivery of the public audiovisual communications service of the Generalitat and of the local public audiovisual communications services, while respecting the guarantee of local autonomy;

  2. b)  shared power over the regulation and supervision of audiovisual communications services that use any of the available media and technologies aimed at the Catalan public, as well as over the offers of audiovisual communication if they are distributed in the territory of Catalonia.

2.  The Generalitat shares jurisdiction with respect to the means of mass communication.

3.  The Generalitat shall encourage the linguistic and cultural pluralism of Catalonia in the means of mass communication.

Article 147  Notaries and public registrars

1.  The Generalitat of Catalonia has executive power with respect to notaries and land, commercial and personal property registries. This includes, in any case:

  1. a)  the appointment of notaries and land, commercial and personal property registrars by means of the convening, administration and determination of the open and selective competitive examinations and the competitions that it must convene and carry out before making the appointments official. To fill the positions of notaries and registries, the candidates must be admitted on an equal footing of rights and must prove a knowledge of the Catalan language and law in the manner and to the extent set down in this Statute and the law;

  2. b)  participation in drawing up of the programs of access to the bodies of notaries and land, commercial and personal property registrars of Spain, for the purpose of proving knowledge of Catalan law;

  3. c)  the establishment of the boundaries of notaries and registries, including the determination of the mortgage districts and the districts of territorial jurisdiction of notaries;

  4. d)  the appointment of archivist notaries for district protocols and the keeping and custody of the mortgage accounting books.

2.  The Generalitat has exclusive power with respect to the legal rules on appeals concerning the acceptance of degrees or provisions with respect to Catalan law, which must have access to a land, commercial or personal property register of Catalonia.

3.  The Generalitat has executive power, within the framework of the general regulation of the matter, with respect to the Civil Register, including the appointment of its managers and temporary or substitute personnel, the exercise of disciplinary powers in relation to them, as well as the provision of the human and material means necessary for the exercise of the functions. These managers must prove a knowledge of the Catalan language and Catalan law in the manner and to the extent set down in this Statute and the law.

Article 148  Public works

1.  The Generalitat has exclusive power with respect to public works that are carried out on the territory of Catalonia and which have not been qualified as of general interest and do not affect another Autonomous Community. This power includes, in any event, their planning, construction and financing.

2.  The qualification of a general interest requires a prior report from the Generalitat. The Generalitat participates in the planning and programming of the works qualified as of general interest, in conformity with the provisions of national legislation and according to the provisions of Title V of this Statute.

3.  The Generalitat is responsible for the management of the public services within its jurisdiction, to which are added all the public works that are not of general interest. In the case of works qualified as works of general interest or which affect another Autonomous Community, collaboration conventions may be concluded for their management.

Article 149  Physical planning of the territory and the countryside and the coast and urban planning

1.  The Generalitat has exclusive power with respect to the physical planning of the territory and the countryside, which includes in any event:

  1. a)  establishing directives on the physical planning and management of the territory and the countryside, and the activities that have a bearing on them;

  2. b)  the establishment and regulation of the forms of territorial planning and the procedure for processing and approving them;

  3. c)  the establishment and regulations of the forms of protection of natural areas and biological corridors in conformity with the provisions of Article 144(2);

  4. d)  the projections for the sites of the infrastructures and amenities within the jurisdiction of the Generalitat;

  5. e)  the determination of specific measures to promote the territorial, demographic, socio-economic and environmental balance.

2.  The determination of the location in Catalonia of infrastructures and facilities owned by the State requires a report from the Generalitat-State Bilateral Commission.

3.  The Generalitat has, while respecting the general rules applicable to public land, exclusive power with respect to the physical planning of the coast, which power includes, in any event:

  1. a)  the establishment and regulation of the territorial plans for the organization and use of the coast and the beaches, as well as the regulation of the procedure for processing and approving these instruments and plans;

  2. b)  the management of the rights to occupy and use public terrestrial maritime land, especially the grant of authorizations and licenses and, in any case, the permits for fixed works at sea, while respecting the exceptions that may be established for environmental reasons in internal coastal and transition waters;

  3. c)  the regulation and management of the economic and financial rules of terrestrial public maritime land under the terms laid down in general legislation;

  4. d)  the carrying-out of works and activities on the Catalan coast when they are not of general interest.

4.  The Generalitat is responsible for carrying-out and managing works of general interest located on the Catalan coast, in accordance with the provisions of Article 148.

5.  The Generalitat has exclusive power with respect to urban planning, which includes in any event:

  1. a)  the regulation of urban development rules for land, which includes, in any event, the determination of the criteria for the various types of land and its uses;

  2. b)  the regulation of the legal rules of ownership of land, while respecting the basic conditions that the State establishes to guarantee the equality of the right to property;

  3. c)  the establishment and regulation of the instruments of urban development planning and management, as well as the procedure for their processing and approval;

  4. d)  Housing and land policy, the regulation of publicly-owned land and housing and the rules for administrative intervention in building, urban development and the use of the ground and the subsoil;

  5. e)  the protection of the legality of urban development, which includes, in any event, inspection of urban development, suspension orders for works and licenses and measures to restore an illegally altered physical appearance, as well as urban development discipline.

6.  The Generalitat shares jurisdiction with respect to the law of reversion in urban development expropriations within the framework of national legislation.

Article 150  The organization of the administration of the Generalitat

The Generalitat has exclusive power with respect to the organization of its administration over:

  1. a)  the structure, the regulation of public bodies and managers, the operation and the territorial organization;

  2. b)  the different organizational models and instruments for administrative action.

Article 151  Territorial organization

The Generalitat has, respecting the institutional guarantee set out in the Constitution in Articles 140 and 141, exclusive power over the organization of the territory, which includes in any event:

  1. a)  the determination, creation, modification and abolition of the entities making up the territorial organization of Catalonia;

  2. b)  the creation, abolition and alteration of the boundaries of both the municipalities and the local entities of lesser territorial extent; the name, the seat and the symbols of the municipalities and other local entities; place names and the determination of special regimes;

  3. c)  the establishment by means of a law of procedures for the relation of the local entities with the population, while respecting local autonomy;

Article 152  Planning, regulation and promotion of economic activity

1.  The Generalitat has the power to promote economic activity in Catalonia.

2.  The Generalitat shares jurisdiction over the regulation of economic activity in Catalonia.

3.  The Generalitat may draw up a plan for economic activity within the framework of the directives set down in the general planning the State.

4.  The Generalitat is responsible for the implementation and management of the general planning of economic activity. This power includes in any event:

  1. a)  the implementation of the plans of the State;

  2. b)  participation in the planning of the State through the mechanisms set out in Title V;

  3. c)  the management of the plans, including the funds and resources originating from the State that are allocated to encourage economic activity, under the terms laid down by means of an agreement;

Article 153  Gender policies

The Generalitat has exclusive power with respect to gender policies, which, while respecting the provisions set down by the State pursuant to its power under Article 149(1)(1) of the Constitution, includes in any event:

  1. a)  the planning, design, enforcement, evaluation and monitoring of rules, plans and general directives with respect to policies for women, as well as the establishment of positive actions to achieve an eradication of discrimination on the basis of sex, which have to be carried out in a uniform manner throughout the territory of Catalonia;

  2. b)  the promotion of women’s associations that carry on activities related to equality and non-discrimination and of participatory initiatives;

  3. c)  the regulation of the measures and instruments for creating awareness of gender violence and for detecting and preventing it, as well as the regulation of services and resources destined at providing comprehensive protection for women who have suffered or are suffering this type of violence.

Article 154  Promotion and defense of competition

1.  The Generalitat has exclusive power with respect to the promotion of competition in markets regarding the economic activities carried on principally in Catalonia.

2.  The Generalitat has executive power with respect to the defense of competition in the conduct of economic activities that distort or may distort free competition in the market within an area not exceeding the territory of Catalonia. This power includes, in any event:

  1. a)  the enforcement of measures relating to economic processes that affect competition;

  2. b)  the inspection and enforcement of the penalty procedure;

  3. c)  defense of competition in the conduct of commercial activity.

3.  The Generalitat has exclusive power over the establishment and regulation of the Catalan Tribunal for the Defense of Competition, as an independent body with jurisdiction throughout all the territory of Catalonia, to deal on an exclusive basis with economic activities that are carried on principally in Catalonia and which disturb or may disturb competition, under the terms laid down in Sections 1 and 2 of this Article.

Article 155  Intellectual and industrial property

1.  The Generalitat of Catalonia has executive power with respect to intellectual property, which includes in any event:

  1. a)  the establishment and regulation of a register, coordinated with that of the State, of the intellectual property rights generated in Catalonia or of those held by persons who normally reside in Catalonia; the activity of registration, modification or cancellation of these rights, and the carrying-out of the necessary administrative activity to guarantee their protection throughout the territory of Catalonia. The Generalitat must communicate to the State the entries effected in its register so that they may be incorporated into the State’s register; it must collaborate with the State and facilitate the interchange of information;

  2. b)  the authorization and the revocation of the collective management entities for intellectual property rights that carry on the majority of their activities in Catalonia, as well as the assumption of complementary tasks of inspecting and monitoring of the activity of such entities.

2.  The Generalitat has executive power with respect to industrial property, which includes in any event:

  1. a)  the establishment and regulation of a register, coordinated with that of the State, of industrial property rights of natural or legal persons;

  2. b)  the legal and procedural defense of the place names of Catalonia that are applied to the industrial sector.

Article 156  Protection of personal data

The Generalitat have executive power with respect to personal data protection, which, while respecting the guarantees of the fundamental rights in this area, includes in any case:

  1. a)  the registration and supervision of the files or processing of personal data created or managed by the public institutions of Catalonia, the administration of the Generalitat, the local administrations of Catalonia, the autonomous entities and other public or private law entities that are under the authority of the autonomous or local administrations or which deliver services or carry on activities on their own account through any form of direct or indirect management and the universities that are part of the Catalan university system;

  2. b)  the registration and supervision of the files or processing of private personal data created or managed by natural or legal persons in the course of their public duties in relation to matters that are within the jurisdiction of the Generalitat or the local entities of Catalonia, if the processing is effected in Catalonia;

  3. c)  the registration and supervision of the files and processing of data created or managed by public law corporations that exercise their functions exclusively within the territorial scope of Catalonia;

  4. d)  the formation of an independent authority, appointed by Parliament, that ensures the guarantee of the right to the protection of personal data within the area of jurisdiction of the Generalitat.

Article 157  Advertising

The Generalitat has exclusive power over the regulation of advertising activity, without prejudice to the commercial law of the State.

Article 158  Research, development and technological innovation

1.  The Generalitat has exclusive power, with respect to scientific and technological research, with relation to the research centers and structures of the Generalitat and to the projects financed by it, which includes in any event:

  1. a)  the establishment of its own lines of research, and the monitoring, supervision and evaluation of the projects;

  2. b)  the organization, rules of operation, supervision, monitoring and accreditation of the centers and structures located in Catalonia;

  3. c)  the regulation and management of the scholarships and aids convoked and financed by the Generalitat;

  4. d)  the regulation and the professional training of research personnel and of support for research;

  5. e)  the dissemination of science and the transfer of results.

2.  The Generalitat shares jurisdiction over the coordination of the research centers and structures of Catalonia.

3.  The criteria for collaboration between the State and the Generalitat with respect to research policy, development and innovation shall be fixed within the framework of the provisions of Title V. The systems of participation of the Generalitat in setting the policies that involve these matters within the framework of the European Union and in other international bodies and institutions shall be established in the same manner.

Article 159  Legal regime, procedure, contracting, expropriation and liability in the public administrations of Catalonia

1.  The Generalitat has exclusive power with respect to the legal regime and procedures of the public administrations of Catalonia to the extent that Article 149(1)(18) of the Constitution does not apply. This power includes:

  1. a)  the necessary means for carrying out administrative functions, including the legal rules for assets in public and patrimonial ownership;

  2. b)  the powers of supervision, inspection and sanction in all the material areas of jurisdiction of the Generalitat;

  3. c)  the rules of administrative procedure that are derived from the particularities of the substantive law of Catalonia or the special characteristics of the organization of the Generalitat.

2.  The Generalitat shares jurisdiction in all matters relating to the legal regime and procedures of the public administrations of Catalonia that are not covered by Section 1.

3.  The Generalitat has, in relation to the contracts of the public administrations of Catalonia, the following jurisdiction:

  1. a)  exclusive power over organization and powers with respect to contracting by the bodies of the public administrations of Catalonia and over the rules on the execution, modification and termination of the contracts of the administrative authorities to the extent that the matter is not regulated by Article 149(1)(18) of the Constitution;

  2. b)  shared power in all matters not assigned to the exclusive power of the Generalitat under letter (a).

4.  The Generalitat has the executive power with respect to compulsory expropriation, in any event to:

  1. a)  determine the cases, reasons and conditions in which the administrative authorities of Catalonia may exercise the expropriatory power;

  2. b)  establish criteria for evaluating the expropriated assets according to the nature and the social function that they are to fulfill, in accordance with national legislation;

  3. c)  create and regulate a body for determining the just price and fixing the procedure.

5.  The Generalitat shares jurisdiction, with respect to economic liability, for establishing the grounds that may give rise to liability in relation to claims made against the Generalitat, in accordance with the general system of liability for all public administrative authorities.

6.  The powers of the Generalitat relating to Sections 1, 3, 4 and 5 must be exercised with respect for the principle of local autonomy.

Article 160  Local government

1.  The Generalitat has exclusive power with respect to local government, while respecting the principle of local autonomy, and this includes:

  1. a)  the relations between the institutions of the Generalitat and the local entities, as well as the techniques of organization and relationships for cooperation and collaboration between the local entities and between these and the administration of the Generalitat, including the different forms of association, community,44 agreement and consortium;

  2. b)  the determination of the jurisdiction and powers of the municipalities and of the other local entities within the specific limits set out in Article 84;

  3. c)  the legal rules applicable to the assets in public, communal and patrimonial ownership and the ways of providing public services;

  4. d)  the determination of the governmental bodies of the local entities created by the Generalitat and the operation and decision-making rules of these bodies;

  5. e)  the legal rules applicable to the complementary bodies of the organization of the local entities.

2.  The Generalitat shares jurisdiction over all matters not regulated by Section 1.

3.  The Generalitat has exclusive jurisdiction with respect to the electoral rules for the local entities that it creates, with the exception of those entities that are constitutionally guaranteed.

Article 161  Relations with religious entities

1.  The Generalitat has exclusive power with respect to religious entities that carry on their activity in Catalonia, which includes in any event the regulation and the establishment of mechanisms of collaboration and cooperation for the exercise of their activities that come within the jurisdiction of the Generalitat.

2.  The Generalitat has executive power with respect to religious freedom. This power includes in any event:

  1. a)  participation in the management of the State’s Register of Religious Entities relating to the churches, faiths and religious communities that carry on their activity in Catalonia, under the terms laid down by law;

  2. b)  the establishment of agreements and conventions of cooperation with the churches, faiths and religious communities listed in the State’s Register of Religious Entities within the scope of the jurisdiction of the Generalitat;

  3. c)  the promotion, implementation and enforcement within the scope of the jurisdiction of the Generalitat of the agreements and conventions concluded between the State and the churches, faiths and religious communities listed in the State’s Register of Religious Entities.

3.  The Generalitat collaborates with the bodies of the State that are assigned powers with respect to religious entities.

Article 162  Health, public health, pharmaceutical rules and pharmaceutical products

1.  The Generalitat has, with respect to health and public health, exclusive power over the organization and internal operation, the evaluation, the inspection and the supervision of health centers, services and establishments.

2.  The Generalitat has power over the regulation of the pharmaceutical sector within the framework of Article 149(1)(16) of the Constitution.

3.  The Generalitat shares jurisdiction, in any event, in the following areas:

  1. a)  the organization, planning, determination, regulation and application of public health, socio-health and mental health benefits and services at all levels and for all citizens;

  2. b)  the organization, planning, determination, regulation and application of the measures and activities destined to preserve, protect and foster public health in all areas, including occupational health, animal health with effects on human health, food safety, environmental health and epidemiological surveillance;

  3. c)  the planning of the publicly covered health resources and the coordination of private health activities with the public health system;

  4. d)  specialized health training, which includes the accreditation and evaluation of centers; the planning of the offer of places; participation in the preparation of competitions and the management of the specialist training programs and the specific areas of training and the issue of diplomas in areas of specific training;

  5. e)  the statutory regime and the training of the personnel who provide services in the public health system.

4.  The Generalitat participates in the planning and coordination of the State with respect to health and public health, in accordance with the provisions of Title V.

5.  The Generalitat exercises executive power with respect to national legislation on pharmaceutical products.

Article 163  Private security

1.  The Generalitat is responsible for the application of national legislation in the following areas:

  1. a)  the authorization of private security undertakings that have their registered office in Catalonia and whose sphere of activities is limited to its territory;

  2. b)  the inspection and sanction of private security activities that are carried on in Catalonia;

  3. c)  the authorization of training centers for private security personnel;

  4. d)  the coordination of private security and investigation services with the police of the Generalitat and the local police forces of Catalonia.

Article 164  Public security

1.  The Generalitat has, with respect to public security and in accordance with provisions of national legislation, the following powers:

  1. a)  the planning and regulation of the public security system of Catalonia and the organization of the local police forces;

  2. b)  the creation and the organization of the police of the Generalitat-Mossos d’Esquadra;

  3. c)  the control and surveillance of traffic.

2.  The Generalitat has the supreme command of the police of the Generalitat-Mossos d’Esquadra and coordinates the activities of the local police forces.

3.  The Generalitat exercises, within the framework of national legislation on security, the executive functions assigned to it by the State, and in any case:

  1. a)  governmental powers over the rights of assembly and demonstration;

  2. b)  the application of the provisions for the preservation of nature, the environment and the hydrological resources.

4.  The Generalitat participates, by means of a Security Board composed of an equal number of members from the Generalitat and the State and chaired by the President of the Generalitat, in the coordination of the security policies and the activity of the police forces of the State and Catalonia, as well as in the interchange of information at the international level and in the relations of collaboration and assistance with the police authorities of other countries. The Generalitat, with the agreement of the State, shall be present in the working groups for collaboration with the police forces of other countries in which the State participates.

5.  The police of the Generalitat-Mossos d’Esquadra have the whole of the territory of Catalonia as their field of activity and exercise all the functions proper to a police force in the following areas:

  1. a)  the security of citizens and public order;

  2. b)  the administrative police, which includes policing arising from national rules;

  3. c)  the judicial police and criminal investigation, including the various forms of organized crime and terrorism, under the terms laid down by law.

Article 165  Social security

1.  The Generalitat shares jurisdiction with respect to social security, while respecting the principles of economic and patrimonial unity and financial solidarity of the social security system. This power includes:

  1. a)  the implementation and enforcement of national legislation, except the rules that make up the economic regime;

  2. b)  the management of the economic regime of the social security system;

  3. c)  the organization and management of the assets and services that constitute the health care and social services of the social security system in Catalonia;

  4. d)  the regulation and the exercise of the administrative powers over the institutions, undertakings and foundations that work with the social security system in the matters listed in letter (c), as well as the coordination of the activities to prevent occupational risks carried on in Catalonia by the benefit societies for occupational accidents and illnesses;

  5. e)  the recognition and management of non-contributory pensions;

  6. f)  the coordination of the activities of the health system linked to the social security benefits.

2.  The Generalitat may organize and administer for such purposes and within its territory all the services related to the aforementioned matters, and it shall exercise supervision over the institutions, entities and foundation with respect to health and social security, with the State reserving for itself the right of inspection.

Article 166  Social services, volunteer work, minors and the promotion of the family

1.  The Generalitat has exclusive power with respect to social services, which includes in any event:

  1. a)  the regulation and organization of the activity of social services and the technical and economic benefits for the purposes of welfare or to complement other systems of public welfare;

  2. b)  the regulation and organization of the public and private entities, services and establishments that provide social services in Catalonia;

  3. c)  the regulation and approval of the specific plans and programs aimed at persons and groups in situations of poverty or social need;

  4. d)  intervention in and supervision of the private complementary systems of social protection.

2.  The Generalitat has exclusive power with respect to volunteer work, which includes in any case the definition of the activity and the regulation and promotion of activities dedicated to solidarity and voluntary action that are pursued individually or through public or private institutions.

3.  The Generalitat has with respect to minors:

  1. a)  exclusive power with respect to the protection of minors, which includes in any event the regulation of the rules on protection and on the public institutions for the protection and guardianship of defenseless minors in a situation of risk, and of minor infractions, while respecting in this last case the criminal legislation;

  2. b)  the Generalitat participates in the preparation and revision of the criminal and procedure legislation that has a bearing on its powers over minors.

4.  The Generalitat has exclusive power with respect to the promotion of the family and of childhood, which in any event includes measures of social protection and their enforcement.

Article 167  Symbols of Catalonia

The Generalitat has exclusive power over the regulation, organization, configuration and preservation of the symbols of Catalonia, in accordance with the provisions of this Statute.

Article 168  Penitentiary system

1.  The Generalitat has executive power concerning national legislation with respect to prisons, which includes in any event:

  1. a)  the ability to adopt provisions that adapt the rules on prisons to the social reality of Catalonia;

  2. b)  the totality of the management of penitentiary activity in Catalonia, especially the direction, organization, applicable legal rules, operation, planning and inspection of the penitentiary institutions of any type situated in Catalonia;

  3. c)  the planning, construction and repair of the penitentiary institutions situated in Catalonia;

  4. d)  the administration and management of the buildings and facilities attached to the Catalan prison administration and of all the material means assigned to it;

  5. e)  the planning and organization of the paid work of the prison population, as well as the application of alternative measures in prison and reinsertion activities.

2.  The Generalitat may issue reports on the procedure for granting pardons.

Article 169  Transport

1.  The Generalitat has exclusive power over land passenger and goods transport by road, train or cable that takes place completely within the territory of Catalonia, regardless of the ownership of the infrastructure. This power includes in any event:

  1. a)  the regulation, planning, management, coordination and inspection of the services and activities;

  2. b)  the regulation of the administrative intervention in the exercise of transport activities;

  3. c)  the regulation of urban transport and private hire transport services in tourist vehicles;

  4. d)  the specific regulation of transport involving tourists, schoolchildren or minors as well as health, funerals, dangerous or perishable goods and other transports that require specific legal rules, while respecting the powers of the State over public security;

  5. e)  the regulation of a system of mediation with respect to transport;

  6. f)  the power to set tariffs for land transport.

2.  The integration of transport lines or services that pass completely through Catalonia into more extensive lines or services requires a prior report from the Generalitat.

3.  The Generalitat shall participate in the establishment of train services that guarantee communication with other Autonomous Communities or with international transit, in accordance with the provisions of Title V.

4.  The Generalitat has exclusive power over the transport, logistics and distribution centers located in Catalonia, which includes:

  1. a)  centers of information and distribution of freight;

  2. b)  road transport stations.

5.  The Generalitat has exclusive power over the operators of activities linked to the organization of transport, logistics and distribution that take place in Catalonia.

6.  The Generalitat has exclusive power with respect to maritime and river transport that passes completely through Catalonia, while respecting the powers of the State for the merchant navy and ports. This power includes:

  1. a)  the regulation, planning and management of maritime and river passenger transport;

  2. b)  administrative intervention for the provision of services and the exercise of activities related to maritime and river transport;

  3. c)  the requirements for the exercise of the activity.

Article 170  Labor and labor relations

1.  The Generalitat has executive power with respect to labor and labor relations, which includes in any event:

  1. a)  labor relations and working conditions;

  2. b)  active employment policies, which include the training of job-seekers and active workers, as well as the management of the corresponding subsidies. The Generalitat participates in the training plans and activities that go beyond the territorial limits of Catalonia;

  3. c)  professional qualifications in Catalonia;

  4. d)  labor intermediaries, which includes the regulation, authorization and monitoring of employment agencies with their seat in Catalonia;

  5. e)  collective negotiations and the register of collective labor agreements;

  6. f)  the procedures for regulating occupation and administrative activities with respect to collective transfers between labor centers situated in Catalonia;

  7. g)  the prevention of occupational risks and safety and health at work;

  8. h)  the power of sanction over infractions against the social order within the limit of its powers;

  9. i)  the determination of the minimum services during strikes that take place in Catalonia;

  10. j)  the supervision of the legality and, where appropriate, the subsequent registration of the collective labor agreements of undertakings that carry on business exclusively in Catalonia;

  11. k)  the instruments of labor conciliation, mediation and arbitration;

  12. l)  the preparation of the calendar of public holidays that applies throughout Catalonia.

2.  The Generalitat has the executive power over the public inspection function for all the provisions of this Article. To this end, the officials of the bodies that carry out this function shall come under the organic and operational authority of the Generalitat. By way of the cooperation mechanisms set out in Title V, the formulas guaranteeing the effective exercise of the inspection function within the social area shall be established.

Article 171  Tourism

The Generalitat has exclusive power with respect to tourism, which includes in any event:

  1. a)  the organization and planning of the tourist sector;

  2. b)  the promotion of tourism, which includes the conclusion of agreements with foreign entities and the creation of offices abroad;

  3. c)  the regulation and classification of the tourist undertakings and establishments and the management of the network of tourist establishments owned by the Generalitat. With the aim of facilitating coordination between these establishments and the establishments of the network of state-owned hotels of the State that are located in Catalonia, the Generalitat participates, under the terms laid down in national legislation, in the administrative bodies of the state-owned tourist hotels of Spain;

  4. d)  the regulation of the specific rights and duties of the users and the providers of tourist services and of the alternative means for resolving disputes;

  5. e)  instruction and training in tourism that do not give the right to the receipt of an official diploma;

  6. f)  fixing the criteria, regulating the conditions and enforcing and supervising the public help lines and promotion of tourism.

Article 172  Universities

1.  The Generalitat has, with respect to university education and without prejudice to university autonomy, exclusive power over:

  1. a)  the programming and coordination of the Catalan university system within the framework of general coordination;

  2. b)  the decisions to create public universities and the authorization of private ones;

  3. c)  the approval of the statutes of the public universities and the organizational and operational rules of private universities;

  4. d)  the coordination of procedures for access to the universities;

  5. e)  the legal framework of the diplomas of the universities, in accord with the principle of university autonomy;

  6. f)  the financing of the universities and, where appropriate, the management of the funds of the State with respect to university education;

  7. g)  the regulation and the management of its own system of scholarships and aids for university education and, where appropriate, the regulation and management of the funds of the State in this matter;

  8. h)  the salary scale of the teaching and research personnel under contract to the universities and the establishment of additional remuneration for teaching officials.

2.  The Generalitat shares jurisdiction, with respect to university education and without prejudice to university autonomy, over all matters not covered by Section 1, which includes in any event:

  1. a)  the regulation of the requirements for the creation and recognition of public universities and university centers, and the attachment of these centers to universities;

  2. b)  the legal rules for the organization and operation of the public universities, including the governing and representative bodies;

  3. c)  the assignment and de-assignment to public or private teaching centers for bestowing official universities diplomas, and the creation, modification and abolition of university centers in public universities, as well as the recognition of these centers in private universities and the introduction and elimination of teaching subjects;

  4. d)  the regulation of the rules for access to universities;

  5. e)  the regulation of the rules applicable to teaching and research professors, both those under contract and those with the status of officials;

  6. f)  the evaluation and guarantee of the quality and excellence of university education, as well as those of the teaching and research personnel.

3.  The executive power over the granting of official university diplomas.45

Article 173  Video surveillance and supervision of sound and recordings

The Generalitat has jurisdiction over the use of video surveillance and the supervision of sound and recordings or other analogous media, in the public arena, that are effected by the police of Catalonia or by private undertakings and establishments. The Generalitat must exercise this power with respect for fundamental rights.

Title V  Institutional Relations of the Generalitat

Chapter I  Relations of the Generalitat with the State and Other Autonomous Communities

Article 174  General provisions

1.  The Generalitat and the State lend each other mutual help and collaborate when this is necessary for the effective exercise of their respective powers and for the defense of their respective interests.

2.  The Generalitat may establish with other Autonomous Communities relations of collaboration for establishing common policies for the effective exercise of their powers and for the treatment of matters of common interest, especially when they have a supra-territorial scope. The Generalitat must lend the necessary help to the other Autonomous Communities for the effective exercise of their powers.

3.  The Generalitat participates in the decision-making institutions, bodies and procedures of the State that affect its powers in accordance with the provisions of this Statute and the law.

First Section  Collaboration with the State and Other Autonomous Communities

Article 175  Instruments of collaboration between the Generalitat and the State

1.  The Generalitat and the State, within the limits of their respective powers, may conclude collaboration agreements and make use of other means of collaboration that they consider suitable to accomplish objectives of common interest.

2.  The Generalitat also collaborates with the State through the multilateral bodies and procedures in the areas and matters of common interest.

Article 176  Effects of the collaboration between the Generalitat and the State

1.  The participation of the Generalitat in the bilateral and multilateral bodies and mechanisms of collaboration with the State and the other Autonomous Communities does not alter the possession of the powers to which it is entitled.

2.  The Generalitat is not bound by the decisions taken within the framework of the multilateral mechanisms of voluntary collaboration with the State and other Autonomous Communities with respect to which it has not expressed its agreement.

3.  The Generalitat may have reservations noted to the decisions taken within the framework of the multilateral mechanisms of voluntary collaboration when they have been taken without its approval.

Article 177  Legal rules applicable to the agreements between the Generalitat and the State

1.  The legal rules applicable to the agreements signed by the Generalitat, with reference to itself, must be drawn up by a law of Parliament.

2.  The agreements concluded between the Government of the Generalitat and the national Government must be published in the Official Journal of the Generalitat of Catalonia within a month from the day on which they were signed. The date of publication of the agreements in the Official Bulletin of the State determines their effectiveness with respect to third parties.

Article 178  Conventions and agreements with other Autonomous Communities

1.  The Generalitat may conclude collaboration conventions and cooperation agreements with other Autonomous Communities.

2.  The conventions and agreements with the other Autonomous Communities may provide, inter alia, for the creation of joint bodies and the establishment of joint projects, plans and programs.

3.  The conclusion of the conventions and agreements only requires the prior approval of Parliament where they affect its legislative powers. In the other cases, the Government must inform Parliament of their conclusion within a month from the day of the signature.

4.  The collaboration conventions concluded by the Generalitat with other Autonomous Communities must be communicated to the national Parliament and they enter into effect sixty days after this communication, unless the national Parliament decides that they must be qualified as cooperation agreements that require the prior authorization referred to in Article 145(2) of the Constitution.

5.  The conventions and agreements concluded by the Generalitat with other Autonomous Communities must be published in the Official Journal of the Generalitat of Catalonia within forty-five days and a month, respectively, from the day on which they were signed.

Second Section  Participation in Decision-Making Institutions and Procedures of the State

Article 179  Appearance of senators before Parliament

The senators elected in Catalonia and those who represent the Generalitat in the Senate may appear before Parliament at their own request to inform it of their activity in the Senate, under the terms set down in the rules of procedure of Parliament.

Article 180  Appointment of members of the Constitutional Court and the General Council of the Judiciary

The Generalitat participates in the process of appointing judges of the Constitutional Court and members of the General Council of the Judiciary, under the terms laid down by law and, as the case may be, by the parliamentary rules.

Article 181  Participation in the general organization of economic activity

1.  The Generalitat participates in drawing up the decisions of the State that affect the general organization of economic activity within the framework of the provisions of Article 131(2) of the Constitution.

Article 182  Appointment of representatives in the economic and social bodies

1.  The Generalitat appoints or participates in the process of appointing the members of the directing bodies of the Bank of Spain, the National Stock Exchange Commission and the Telecommunications Market Commission, and of the bodies that may possibly replace them, and of the other State bodies that exercises regulatory powers over matters having economic and social relevance that are related to the powers of the Generalitat, under the terms laid down in the applicable legislation.

2.  The Generalitat appoints or participates in the processes of appointing the members of the economic and energy bodies, financial institutions and public undertakings of the State whose jurisdiction extends to the territory of Catalonia and which have not been the object of a transfer, under the terms laid down by the applicable legislation.

3.  The Generalitat appoints or participates in the processes of appointing the members of the Court of Accounts, the Economic and Social Council, the Tax Agency, the National Energy Commission, the Spanish Agency for the Protection of Data, the Radio and Television Council and of the bodies that may possibly replace them and those that are created in these areas, under the terms laid down by the applicable legislation.

4.  The Generalitat may, if the nature of the entity requires it and its main seat is not located in Catalonia, request the State to create territorial agencies of the bodies referred to in Section 1.

Third Section  The Generalitat-State Bilateral Commission

Article 183  Functions and composition of the Generalitat-State Bilateral Commission

1.  The Generalitat-State Bilateral Commission constitutes, in accordance with the principles set out in Articles 3(1) and 174, the general and permanent framework for relations between the Governments of the Generalitat and the State for the following purposes:

  1. a)  the participation and collaboration of the Generalitat in the exercise of the State’s powers that affect the autonomy of Catalonia;

  2. b)  the interchange of information and the establishment, where appropriate, of mechanisms of collaboration in the respective public policies and matters of common interest.

2.  The functions of the Generalitat-State Bilateral Commission are to deliberate, make proposals and, where appropriate, take decisions in the cases set out in this Statute and, in general, with respect to the following areas:

  1. a)  bills that affect especially the distribution of powers between the Generalitat and the State;

  2. b)  the planning of the general economic policy of the national Government in all that affects especially the interests and powers of the Generalitat and the application and implementation of this policy;

  3. c)  the fostering of suitable measures to improve the collaboration between the State and the Generalitat and to ensure a more effective exercise of their respective powers in the areas of common interest;

  4. d)  conflicts of jurisdiction arising between the two parties and proposals, where appropriate, for measures to resolve them;

  5. e)  the evaluation of the operation of the mechanisms of collaboration that have been established between the State and the Generalitat and proposals for measures to improve it;

  6. f)  proposals on the relation of economic bodies, financial institutions and public undertakings of the State in which the Generalitat may appoint representatives and the procedure and form of this representation;

  7. g)  the monitoring of European policy in order to guarantee the effectiveness of the participation of the Generalitat in the affairs of the European Union;

  8. h)  the monitoring of the external actions of the State that affect the powers of the Generalitat;

  9. i)  the questions of common interest that are laid down by law or raised by the parties.

3.  The Generalitat-State Bilateral Commission is composed of an equal number of representatives from the State and Generalitat. It is chaired in turn by the two parties for a period of a year. The Commission disposes of a permanent secretariat and may set up sub-commissions and committees that it considers advisable. The Commission prepares an annual report, which it forwards to the national Government, the Government of the Generalitat and Parliament.

4.  The Generalitat-State Bilateral Commission meets in plenary session at least two times a year and whenever this is requested by one of the parties.

5.  The Generalitat-State Bilateral Commission adopts its rules of procedure by agreement of the two parties.

Chapter II  Relations of the Generalitat with the European Union

Article 184  General provision

The Generalitat participates, under the terms laid down in this Statute and national legislation, in matters connected with the European Union that affect the powers or interests of Catalonia.

Article 185  Participation in the treaties of the European Union

1.  The Generalitat must be informed by the national Government about the initiatives to revise the treaties of the European Union and the process of subsequent signing and ratification. To this end, the Government of the Generalitat and Parliament must address comments that they consider pertinent to the national Government and the national Parliament.

2.  The national Government may include representatives of the Generalitat in the Spanish delegations that participate in the processes of revision and negotiation of the original treaties and in those of the adoption of new treaties, in matters that affect the exclusive powers of the Generalitat.

Article 186  Participation in the formulation of the State’s positions

1.  The Generalitat participates in the formulation of the positions of the State before the European Union, especially before the Council of Ministers, in matters related to the powers or interests of Catalonia, under the terms laid out in this Statute and the legislation on this matter.

2.  The Generalitat may participate in a bilateral manner in the formulation of the positions of the State on European matters that affect it exclusively. In the other cases, the participation is effected within the framework of the multilateral processes that are set up.

3.  The position expressed by the Generalitat is the deciding factor in the formulation of the State’s position if it affects its exclusive powers and if financial or administrative consequences of special relevance for Catalonia may arise from the European proposal or initiative. In the other cases, its position must be considered by the State.

4.  The State shall inform the Generalitat in a comprehensive and up-to-date manner about the initiatives and proposals presented to the European Union. The Government of the Generalitat and the Parliament of Catalonia must address to the national Government and the national Parliament, as appropriate, the comments and proposals that they consider pertinent on such initiatives and proposals.

Article 187  Participation in European institutions and bodies

1.  The Generalitat participates in the Spanish delegations to the European Union that deal with matters within the legislative power of the Generalitat and especially before the Council of Ministers and the advisory and preparatory bodies of the Council and the Commission.

2.  The participation foreseen in the previous Section, when it is a matter of exclusive powers of the Generalitat, shall permit it, after prior agreement, to lead the representation and assume the chair of these bodies, in accordance with the applicable rules.

3.  The Generalitat, in agreement with the State, participates in the appointment of representatives within the permanent representation of Spain to the European Union.

4.  Parliament may establish relations with the European Parliament in areas of common interest.

Article 188  Participation in the monitoring of the principles of subsidiarity and proportionality

Parliament participates in the procedures for monitoring the principles of subsidiarity and proportionality set down by the law of the European Union with respect to European legislative proposals where such proposals affect the powers of the Generalitat.

Article 189  Implementation and application of the law of the European Union

1.  The Generalitat applies and enforces the law of the European Union in the area of its jurisdiction. The existence of a European regulation does not modify the internal distribution of powers established by the Constitution and this Statute.

2.  If the enforcement of the law of the European Union requires the adoption of internal measures that go beyond the territory of Catalonia and which the Autonomous Communities cannot adopt by means of mechanisms of collaboration or cooperation, the State must consult with the Generalitat over these circumstances before such measures are adopted. The Generalitat must participate in the bodies that adopt such measures or, if this participation is not possible, it must issue a prior report.

3.  In the case where the European Union establishes a legislative measure that replaces the basic rules of the State, the Generalitat may adopt implementing legislation on the basis of the European rules.

Article 190  Management of European funds

The Generalitat is responsible for the management of European funds in matters within its jurisdiction under the terms laid down in Articles 114 and 210.

Article 191  Proceedings before the Court of Justice

1.  The Generalitat has access to the Court of Justice of the European Union under the terms laid down by the legislative provisions of the European Union.

2.  The Government of the Generalitat may urge the national Government to initiate proceedings before the Court of Justice of the European Union in defense of the legitimate interests and powers of the Generalitat. The Generalitat collaborates in the legal defense.

3.  The refusal of the national Government to take the action requested must be reasoned and shall be communicated immediately to the Generalitat.

Article 192  Delegation of the Generalitat to the European Union

The Generalitat shall establish a delegation to the institutions of the European Union to better defend its interests.

Chapter III  External Actions of the Generalitat

Article 193  General provisions

1.  The Generalitat must foster the projection of Catalonia abroad and promote its interests in this area, while respecting the power of the State over foreign relations.

2.  The Generalitat is able to carry out actions with an external projection that are directly derived from its powers, either directly or through the bodies of the general administration of the State.

Article 194  Offices abroad

The Generalitat may establish offices abroad in order to promote the interests of Catalonia.

Article 195  Collaboration agreements

The Generalitat may conclude collaboration agreements within the area of its jurisdiction in order to promote the interests of Catalonia. To this end, the external representative bodies of the State shall lend the necessary help to the initiatives of the Generalitat.

Article 196  International treaties and agreements

1.  The national Government shall inform the Generalitat beforehand of the conclusion of those treaties that affect directly and especially the powers of Catalonia. The Generalitat and Parliament shall address the comments that they consider pertinent to the Government.

2.  Where it is a matter of treaties that affect Catalonia directly and especially, the Generalitat may request the Government to include representatives of the Generalitat in the negotiating delegations.

3.  The Generalitat may request the Government to conclude international treaties on matters within its jurisdiction.

4.  The Generalitat must adopt the necessary measures to enforce the obligations arising from international treaties and agreements ratified by Spain or which bind the State within the area of its powers.

Article 197  Transfrontier, interregional and development cooperation

1.  The Generalitat must promote cooperation with the European regions with which it shares economic, social, environmental and cultural interests and must establish the necessary relationships.

2.  The Generalitat must promote cooperation with other territories, under the terms set out in Section 1.

3.  The Generalitat must promote development cooperation programs.

Article 198  Participation in international bodies

The Generalitat must participate in the international bodies that deal with matters relevant for Catalonia, especially UNESCO and other bodies of a cultural character, in the manner set down in the relevant rules.

Article 199  Coordination of external actions

The Generalitat must foster and coordinate, within the area of its jurisdiction, the external actions of the local entities and bodies and other public entities of Catalonia, without prejudice to their autonomy.

Article 200  International projection of the organizations of Catalonia

The Generalitat must promote the international projection of the social, cultural and sporting organizations of Catalonia and, where appropriate, their affiliation with similar entities in the international area, within the framework of the fulfillment of their objectives.

Title VI  Financing of the Generalitat

Chapter I  The Treasury of the Generalitat

Article 201  Principles

1.  The relations of a fiscal and financial nature between the State and the Generalitat are regulated by the Constitution, this Statute and the organic law provided for in Article 157(3) of the Constitution.

2.  The financing of the Generalitat is governed by the principles of financial autonomy, coordination, solidarity and transparency in the financial and fiscal relations between the public administrative authorities, as well as by the principles of sufficiency of resources, fiscal responsibility, equity and institutional loyalty between the aforementioned authorities.

3.  The implementation of this Title is the responsibility of the Generalitat-State Joint Commission for Economic and Fiscal Affairs.

4.  In accordance with Article 138(2) of the Constitution, the financing of the Generalitat must not entail discriminatory effects for Catalonia with respect to the remaining Autonomous Communities. This principle must fully respect the criteria of solidarity mentioned in Article 206 this Statute.

Article 202  The resources of the Generalitat

1.  The Generalitat disposes of some autonomous finances and sufficient financial resources to exercise properly its self-government.

2.  The Generalitat disposes of complete autonomy of expenditure in order to be able to apply its resources freely in accordance with the political and social directives laid down by its institutions of self-government.

3.  The resources of the treasury of the Generalitat are composed of:

  1. a)  the revenue from its taxes, fees, special taxes and others of its own taxes;

  2. b)  the revenue from the State taxes transferred in accordance with the provisions of Article 201 of this Statute;

  3. c)  surcharges on State taxes;

  4. d)  the income from the Interterritorial Equalization Fund and other allocations established by the Constitution, where applicable;

  5. e)  other transfers and allocations charged to the general budget of the State;

  6. f)  the income from the receipt of its public charges;

  7. g)  the revenue from the assets of the Generalitat;

  8. h)  the income arising from private law;

  9. i)  the proceeds from the issue of debt and other credit operations;

  10. j)  the income arising from fines and penalties within the scope of its jurisdiction;

  11. k)  the resources coming from the European Union and Community programs;

  12. l)  any other resource that may be established by virtue of the provisions of this Statute and the Constitution.

Article 203  Financial powers

1.  The Generalitat has the capacity to determine the volume and composition of its income within the limit of its financial powers, as well as to determine the assignment of its resources to expenditure objectives that it freely decides;

2.  The Generalitat participates in the revenue from the State taxes transferred to Catalonia. For this purpose, these taxes are characterized as follows:

  1. a)  taxes that are transferred totally, which are those of which the total yield belongs to the Generalitat as well as the regulatory power;

  2. b)  taxes that are transferred partially, which are those of which a part of the yield belongs to the Generalitat and, as the case may be, the regulatory power.

3.  Within the framework of the powers of the State and the European Union, the exercise of the regulatory power referred to in Section 2 includes participation in the determination of the type of tax, the exemptions, the reductions and the discounts on the taxable base and the deductions on the contribution.

4.  The Generalitat is responsible for the management, collection, payment and verification of the State taxes that have been totally transferred and for such functions, to the extent that they have been assigned to it, with respect to those taxes that have been partially transferred, in accordance with the provisions of Article 204.

5.  The Generalitat has the power to establish, by means of a law of Parliament, its own taxes, over which it has regulatory power.

6.  The exercise of the regulatory power within the fiscal area by the Generalitat is based on the principles of equity and efficiency. In its fiscal actions, the Generalitat promotes social cohesion and wellbeing, economic progress and environmental sustainability.

Article 204  The Tax Agency of Catalonia

1.  The management, collection, payment and verification of all the own taxes of the Generalitat, as well as, on delegation from the State, of the State taxes transferred totally to the Generalitat are the responsibility of the Tax Agency of Catalonia.

2.  The management, collection, payment and verification of the other taxes of the State collected in Catalonia are the responsibility of the tax administration of the State, without prejudice to any delegation that the Generalitat may receive from it and to any collaboration that may be established, especially when the nature of the tax requires this.

To implement the provisions of the previous paragraph, there shall be constituted within two years a consortium or equivalent entity, in which the State agency for tax administration and the Tax Agency of Catalonia shall participate equally. The consortium may be transformed into the tax administration in Catalonia.

3.  Both tax administrations shall establish the mechanisms necessary to permit the presentation and receipt in their respective offices of declarations and other documents with fiscal importance that are bound to produce effects with respect to the other administration, thereby facilitating the fulfillment of the tax obligations of taxpayers. The Generalitat shall participate, in a manner to be determined, in the tax entities and bodies of the State that are responsible for the management, collection, payment and verification of the State taxes that have been partially transferred.

4.  The Tax Agency of Catalonia must be created by a law of Parliament and disposes of full capacity and powers for the organization and the exercise of the functions referred to in Section 1.

5.  The Tax Agency of Catalonia may exercise by way of delegation from the municipalities the functions of fiscal management with respect to local taxes.

Article 205  Economic-administrative bodies

The Generalitat must assume, through its own economic-administrative bodies, the review by an administrative procedure of complaints that taxpayers may bring against the acts of fiscal management taken by the Tax Agency of Catalonia.

All of this is without prejudice to the powers belonging to the general administration of the State with respect to the unification of criteria.

To these ends, the Generalitat and the general administration of the State may, likewise, agree on mechanisms of cooperation that are necessary for the proper exercise of the functions of review by an economic-administrative procedure.

Article 206  Participation in the revenues of State taxes and leveling and solidarity mechanisms

1.  The level of financial resources at the disposal of the Generalitat to finance its services and powers shall be based on criteria of necessary expenditures and taking into account its fiscal capacity, among other criteria. For these purposes, the resources of the Generalitat shall be those derived, inter alia, from its tax income, adjusted up or down in function of its participation in the leveling and solidarity mechanisms.

2.  The Generalitat shall share in the revenues of the transferred State taxes. The percentage share shall be established taking into account its services and powers.

3.  The financial resources at the disposal of the Generalitat may be adjusted so that the State financing system disposes of sufficient resources to guarantee leveling and solidarity to the other Autonomous Communities, so that the services of education, health and other essential social services of the welfare State provided by the different autonomous governments may achieve levels similar to the rest of the State, always providing that they make a similar fiscal effort. In the same manner and, if appropriate, the Generalitat shall receive resources from the mechanisms of leveling and solidarity. The cited levels shall be fixed by the State.46

4.  The determination of the mechanisms of leveling and solidarity shall be done in accordance with the principle of transparency and the result shall be evaluated every five years.

5.  The State shall guarantee that the application of the mechanisms of leveling and solidarity shall not in any way change the position of Catalonia in the order of per capita incomes between the Autonomous Communities before the leveling.

6.  The population must be taken into account, as the basic variable for determining the necessary expenditures to which Section 1 refers, as rectified by the different costs and demographic variables, in particular by a correction factor that shall be calculated according to the immigrant population. Also to be taken into account are the density of the population, the size of the urban centers and those persons in a situation of social exclusion.

Article 207  Fiscal treatment

The Generalitat enjoys the same fiscal treatment as the law lays down for the State with respect to State taxes.

Article 208  Updating of financing

1.  The State and the Generalitat shall proceed to update the financing system every five years, taking into account the evolution of the disposable public resources as a whole and the necessary expenditures of the different administrations.

This updating shall be effected without prejudice to the monitoring and, possibly, the updating of the basic variables used for determining the resources provided by the financing system.

2.  The updating to which Section 1 refers shall have to be approved by the State-Generalitat Joint Commission for Economic and Fiscal Affairs.

Article 209  Institutional loyalty

1.  In accordance with the principle of institutional loyalty, the financial impact, positive or negative, shall be evaluated that the general provisions adopted by the State have on the Generalitat or those adopted by the Generalitat have on the State, in a specified period of time, in the form of a variation of the necessary expenditures or the fiscal capacity with the objective of establishing the necessary adjustment mechanisms.

2.  Both administrations shall mutually facilitate access to the statistical and management information that is necessary for the purpose of the better exercise of their respective powers, within a framework of cooperation and transparency.

Article 210  The State-Generalitat Joint Commission for Economic and Fiscal Affairs

1.  The State-Generalitat Joint Commission for Economic and Fiscal Affairs is the bilateral body for relations between the administration of the State and the Generalitat in the area of autonomous financing. It is responsible for the specification, application, updating and monitoring of the financing system, as well as the channeling of the fiscal and financial relations of the Generalitat and the State as a whole. It is composed of an equal number of representatives of the State and the Generalitat. The chair of this Joint Commission is held in turn by the two parties in one-year turns.

The Commission adopts its rules of procedure and operation by agreement between the two delegations. The State-Generalitat Joint Commission for Economic and Fiscal Affairs exercises its functions without prejudice to the agreements concluded by the Government of Catalonia in this area with institutions and bodies of a multilateral character.

2.  The State-Generalitat Joint Commission for Economic and Fiscal Affairs has the power to:

  1. a)  agree on the scope and conditions of the transfer of State taxes and, especially, the percentage shares in the revenues from partially transferred State taxes, to which Article 206 refers, as well as their five-year review;

  2. b)  agree on the contribution to solidarity and the leveling mechanisms referred to in Article 206;

  3. c)  establish the mechanisms of collaboration between the tax administration of Catalonia and the tax administration of the State to which Article 204 refers, as well as the criteria of coordination and fiscal harmonization in accordance with the characteristics or nature of the transferred taxes;

  4. d)  negotiate the percentage share of Catalonia in the territorial distribution of European structural funds;

  5. e)  apply the updating mechanisms set down in Article 208;

  6. f)  agree on the evaluation of the transfers of services from the State to the Generalitat;

  7. g)  establish the collaboration mechanisms between the Generalitat and the administration of the State that may be necessary for the proper exercise of the review functions by an economic-administrative procedure to which Article 205 refers;

  8. h)  agree on collaboration mechanisms between the Generalitat and the general administration of the State that may be necessary for the proper exercise of the functions in cadastral matters to which Article 221 refers.

3.  In accordance with the provisions of Article 209, the State-Generalitat Joint Commission for Economic and Fiscal Affairs shall propose the measures of cooperation necessary for guaranteeing the equilibrium of the financing system established by this Title when it is changed by virtue of legislative decisions of the State or the European Union.

4.  The Catalan members of the State-Generalitat Joint Commission for Economic and Fiscal Affairs report to Parliament on the fulfillment of the provisions of this Chapter.

Chapter II  The Budget of the Generalitat

Article 211  Powers of the Generalitat

The Generalitat has exclusive power to organize and regulate its treasury.

Article 212  The budget of the Generalitat

The budget of the Generalitat is annual, single and includes all the expenditures and all the revenues of the Generalitat, as well as those of the bodies, institutions and undertakings under its authority. It is incumbent upon the Government to prepare and enforce the budget, and upon Parliament to examine, amend, approve and supervise it. The budget law may not create taxes, but it may modify them if a substantive fiscal law provides for this.

Article 213  Recourse to indebtedness

1.  The Generalitat may have recourse to indebtedness and issue public debt to finance investment costs within the limits that the Generalitat itself establishes and respecting the general principles and the rules of the State.

2.  The issued securities are for all purposes to be considered as public funds and enjoy the same advantages and conditions as those issued by the State.

Article 214  Budgetary stability

It is the responsibility of the Generalitat to establish limits and conditions in order to achieve the objectives of budgetary stability within the principles and rules of the State and the European Union.

Article 215  The assets of the Generalitat

1.  The assets of the Generalitat are composed of the assets and rights that it owns and those that it acquires by any legal title.

2.  A law of Parliament must regulate the administration, protection and conservation of the assets of the Generalitat.

Article 216  Public undertakings

The Generalitat may set up public undertakings to perform the functions within its jurisdiction, in accordance with the provisions laid down by the laws of Parliament.

Chapter III  The Treasuries of the Local Governments

Article 217  Guiding principles

The local treasuries are governed by the principles of sufficiency of resources, equity, autonomy and fiscal responsibility. The Generalitat oversees the fulfillment of these principles.

Article 218  Autonomy and financial powers

1.  The local governments exercise autonomy over their budgets and expenditures when applying their resources, including the contributions that they receive from the budgets of other public administrations, of which they may dispose freely in the exercise of their powers.

2.  The Generalitat has power, within the framework established by the Constitution and the rules of the State, over local financing. This power may include the right to legislate in order to establish and regulate the taxes of the local governments and47 includes the right to lay down criteria for distributing the contributions from the budget of the Generalitat.

3.  The local governments have the capacity to regulate their own finances within the framework of the law. This capacity includes the power to set the quota or the type of the local taxes, as well as the discounts and exemptions, within the limits set down by law.

4.  The local governments have, within the framework laid down by the legal regulation of the local tax system, the power to manage, collect and verify their taxes, without prejudice to their right to delegate this power to the Generalitat and to participate in the Tax Agency of Catalonia.

5.  It is for the Generalitat to exercise financial surveillance over the local governments, while respecting the autonomy that they are given by the Constitution.

Article 219  Sufficiency of resources

1.  The Generalitat must establish a local cooperation fund destined for the local governments. The fund, on an unconditional basis, must be endowed from all the tax revenues of the Generalitat and must be governed by means of a law of Parliament.

In addition, the Generalitat may establish specific financial collaboration programs for certain matters.

2.  The revenues of the local governments consisting of shares of taxes and unconditional subsidies from the State are received through the Generalitat, which must distribute them in accordance with the provisions of the law on local treasuries of Catalonia, the adoption of which requires a three-fifths majority, while respecting the criteria laid down by national legislation on the matter. In the case of unconditional subsidies, these criteria shall permit Parliament to involve itself in the distribution of the resources with the aim of preserving the particularity of the institutional system of Catalonia to which Article 5 of this Statute refers.

3.  Sufficient resources are guaranteed to the local governments to able them to deliver the services for which the responsibility or the management has been transferred or delegated to them. Every new allocation of powers must be accompanied by the allocation of the supplementary resources necessary to finance them properly in such manner as to take into account the financing of the total and effective cost of the transferred services. Compliance with this principle is a necessary condition for the transfer or delegation of the power to enter into effect. For this purpose, various forms of financing may be established, including a share of the resources of the treasury of the Generalitat or, where appropriate, of the State.

4.  The distribution of resources coming from unconditional subsidies or generic shares of taxes must be carried out by taking into account the fiscal capacity and the necessary expenditures of the local governments and by guaranteeing in all cases their sufficiency.

5.  The distribution of the resources between the local governments may not entail under any circumstances a reduction of the resources obtained by any one of them, according to the criteria used in the financial year prior to the entry into force of the provisions of this Statute.

Article 220  Law on local treasuries

1.  Parliament shall adopt its own law on local treasuries in order to implement the principles and provisions laid down in this Chapter.

2.  The powers with respect to local treasuries that this Chapter assigns to the Generalitat must be exercised with respect for local autonomy and after consulting the Council of Local Government set up by Article 85.

Article 221  The land registry

The general administration of the State and the Generalitat shall establish the channels of collaboration necessary for assuring the participation of the Generalitat in the decisions and interchanges of information that are necessary for the exercise of their powers.

There shall also be established forms of collaborative management of the land registry between the State, the Generalitat and the municipalities, in accordance with the provisions of the rules of the State and in such manner that guarantees the full availability of the data bases for all the administrative authorities and the unity of information.

Title VII  Revision of the Statute

Article 222  Revision of the Titles that do not affect the relations with the State

1.  The revision of Titles I and II of the Statute must comply with the following procedures:

  1. a)  the initiative for the revision lies with the Parliament of Catalonia on a proposal from a fifth of its deputies and with the Government of the Generalitat. The municipal councils of Catalonia may propose to Parliament the exercise of the initiative for revision if this is requested by a minimum of 20% of the full municipal councils, which represent a minimum of 20% of the population. 300,000 accredited signatures from citizens of Catalonia eligible to vote may also propose the initiative. Parliament must regulate these two procedures for proposing the exercise of the initiative for revision;

  2. b)  the adoption of the revision requires a vote in favor by two-thirds of the members of Parliament, presentation to and consultation of the national Parliament, ratification by the national Parliament by means of an organic law and a positive referendum of the electors of Catalonia;

  3. c)  if, within a period of thirty days from the receipt of the initiative for consultation referred to in letter (b), the national Parliament declares that it is affected by the revision, it must comply with the procedure set out in Article 223;

  4. d)  once the national Parliament has ratified the revision, the Generalitat must submit it to a referendum.

2.  If the proposal for revision is not accepted by Parliament or by the electoral body, it may not be submitted again for a debate and vote in Parliament until one year has elapsed.

Article 223  The revision of the rest of the Titles

1.  The revision of the Titles of the Statute not included in Article 222 must comply with the following procedure:

  1. a)  the initiative for revision lies with Parliament, the Government of the Generalitat and the national Parliament. The municipal councils and the holders of the right to vote for Parliament may propose to Parliament that it exercise the initiative for a revision under the terms set out in Article 222(1)(a);

  2. b)  the adoption of the revision require a vote in favor by two-thirds of the members of Parliament, the approval of the national Parliament by means of an organic law and, finally, a positive referendum by the electors;

  3. c)  once the proposed revision of the Statute is approved, Parliament must forward it to the Congress of Deputies;

  4. d)  the proposed revision may be submitted to a ratification vote by the Congress and the Senate in accordance with the procedure laid down in their respective rules of procedure. Parliament must appoint a delegation to present the proposed revision of the Statute before the Congress and the Senate. If the national Parliament ratifies the proposed revision of the Statute, the corresponding organic law is considered adopted;

  5. e)  if the procedure set out in letter (d) is not applied, a joint commission must be formed of an equal number of members from the relevant committee of the Congress of Deputies and a delegation of Parliament comprising a proportional representation of the parliamentary groups, in order to formulate, by common accord and by the procedure laid down in the rules of procedure of the Congress of Deputies, a joint proposal within a period of two months;

  6. f)  the processing of the proposed revision of the Statute in the Senate must follow an analogous procedure to that set down in letter (e) under the terms of the rules of procedure of the Senate. In this case, the delegation of Parliament, with the necessary adaptations, must constitute, together with members of the relevant committee of the Senate, a joint commission with an equal number of members from each side to formulate, by common accord, a joint proposal.

  7. g)  if the joint committee does not succeed in formulating a joint proposal, the proposed revision of the Statute must be handled in accordance with the normal procedure laid down in the respective parliamentary rules of procedure;

  8. h)  Parliament, by an absolute majority of its members, may withdraw proposals for revision that it has approved at any stage during the procedure in the national Parliament before the proposal is approved in its final form. The withdrawal of a proposal for revision does not entail under any circumstances the application of the provisions of Section 2;

  9. i)  the approval of the revision by the national Parliament by means of an organic law shall include the authorization of the State for the Generalitat to convene the referendum referred to in letter (b) within a maximum period of six months.

2.  If the proposal for revision is not approved by Parliament, the national Parliament or the electoral body, it may not be submitted again for a debate and vote in Parliament until one year has elapsed.

Additional Provisions

First Additional Provision  Appointment of senators

1.  It lies with Parliament to appoint senators who represent the Generalitat in the Senate, under the terms laid down in a law adopted by an absolute majority of the full Parliament in a final vote on the whole text. The appointment must be made by a specific convocation and in proportion to the number of deputies of each parliamentary group.

2.  Parliament, by a law adopted in a final vote on the whole text by an absolute majority, must adapt the rules on the election of senators to the constitutional reform of the Senate where this is necessary.

Second Additional Provision  Agreements with the national Government

If the Statute provides that the position of the Government of the Generalitat is the deciding factor in concluding an agreement with the national Government and the latter does not accept it, the national Government must justify this before the Generalitat-State Bilateral Commission.

Third Additional Provision  Investments in infrastructure

1.  The investment by the State in Catalonia in infrastructures, excluding the Interterritorial Equalization Fund, shall be equal to the relative share of the gross domestic product of Catalonia in relation to the gross domestic product of the State over a period of seven years. Such investments may also be used for the elimination of tolls or the construction of alternative motorways.

2.  For this purpose a commission shall be formed, comprising the State, autonomous and local administrations.

Fourth Additional Provision  Financing capacity

1.  The Joint State-Generalitat Commission for Economic and Fiscal Affairs shall prepare the necessary reports for evaluating compliance with the provisions in Article 201(4).

2.  The mechanisms that may have to be set up to secure compliance with the provisions of Article 201(4) may be applied gradually until their objective is achieved.

Fifth Additional Provision  Revision of the special regime for Aran

Within a period of four years from the entry into force of this Statute, the special regime for Aran must be reviewed and modified in order to adapt it, where necessary, to the provisions of this Statute.

Sixth Additional Provision  Ordinary administration

The Generalitat shall constitute the ordinary administration of the State in Catalonia in as far as the executive functions exercised by the administration of the State through its bodies located in Catalonia are transferred to it by the appropriate instruments.

Seventh Additional Provision  Transferred taxes

The revenues from the following taxes are transferred to the Autonomous Community of Catalonia:

  1. a)  the tax on the income of natural persons, partially in a percentage of 50 percent;

  2. b)  the tax on wealth;

  3. c)  the tax on inheritances and gifts;

  4. d)  the tax on property transfers and legal documents;

  5. e)  the tax on games of chance;

  6. f)  the value-added tax, partially in a percentage of 50 percent;

  7. g)  the special tax on beer, partially in a percentage of 58 percent;

  8. h)  the special tax on wines and fermented drinks, partially in a percentage of 58 percent;

  9. i)  the special tax on intermediate products, partially in a percentage of 58 percent;

  10. j)  the special tax on spirits and spirits-based drinks, partially in a percentage of 58 percent;

  11. k)  the special tax on hydrocarbons, partially in a percentage of 58 percent;

  12. l)  the special tax on the working of tobacco, partially in a percentage of 58 percent;

  13. m)  the special tax on electricity;

  14. n)  the special tax on certain means of transport;

  15. ñ)  the tax on retail sales of certain hydrocarbons.

The contents of this provision may be modified by means of an agreement between the national Government and that of the Generalitat, which shall be processed as a bill by the latter. For this purpose, the modification of this provision shall not be considered an amendment of the Statute.

The extent and conditions of the transfer shall be established by the Joint Commission referred to in Article 210, which, in any event, shall apply to revenues in Catalonia. The Government shall treat the decision of the Commission as a bill.

Eighth Additional Provision  Transfer of the tax on income of natural persons

The first bill transferring taxes that is approved after the entry into force of the Statute shall contain, pursuant to the previous Provision, a percentage of transfer of the tax on the income of natural persons of 50%.

The revenue transferred from the tax on the income of natural persons that relates to those non-working individuals who have their normal residence in Catalonia is considered to have been produced in the territory of the Autonomous Community of Catalonia.

It may equally be proposed to increase the regulatory powers of the Community with respect to this tax.

Ninth Additional Provision  Transfer of the tax on hydrocarbons, the tax on the working of tobacco, the tax on spirits and spirits-based drinks, the tax on beer, the tax on wine and fermented drinks and the tax on intermediate products

The first bill transferring taxes that is approved after the entry into force of this Statute shall contain, pursuant to the Seventh Additional Provision, a percentage of transfer of 58% of the yield of the following taxes: the tax on hydrocarbons, the tax on the working of tobacco, the tax on spirits and spirits-based drinks, the tax on beer, the tax on wine and fermented drinks and the tax on intermediate products. The allocation to the Autonomous Community of Catalonia is determined on the basis of the appropriate indexes for each case.

Tenth Additional Provision  Transfer of the value-added tax

The first bill transferring taxes that is approved after the entry into force of this Statute shall contain, pursuant to the Seventh Additional Provision, a percentage of transfer of 50% of the yield of the value-added tax. The allocation to the Autonomous Community of Catalonia is determined on the basis of consumption in the territory of the said Community.

Eleventh Additional Provision  Law-making power

Within the framework of the powers and law of the European Union, the general administration of the State shall transfer law-making powers over the value-added tax with respect to operations at the retail level effected for the benefit of persons who are not business people or professionals and to the taxing at the retail level of products subject to the special taxes on manufacture.

Twelfth Additional Provision  Harmonious interpretation

The provisions of the organic law provided for in Section 3 of Article 157 of the Constitution and the rules contained in this Statute must be interpreted in harmony.

Thirteenth Additional Provision  Own funds and common funds with other territories

The own funds of Catalonia located in the Archive of the Crown of Aragon and in the Royal Archive of Barcelona are integrated into the system of archives of Catalonia. For the effective management of the rest of the common funds with other territories of the Crown of Aragon, the Generalitat must collaborate with the board of trustees of the Archive of the Crown of Aragon, with the other Autonomous Communities that have shared funds in it and with the State through the mechanisms that are set up by mutual accord.

Fourteenth Additional Provision  Gaming and betting

The provisions of Article 141(2) shall not apply to the modification of the procedures of the gaming and betting that is assigned, for social purposes, to non-profit State organizations of a social character, in conformity with the provisions of the rules applicable to such organizations.

Fifteenth Additional Provision  Transparency

The State, in fulfillment of the principle of transparency, shall publish the regional payment for the various public expenditure programs in Catalonia.

Transitional Provisions

First Transitional Provision  Adaptation of laws and rules with the rank of laws

1.  The laws of Parliament and the legal provisions with the rank of a law adopted by the Government that are in force at the moment of the entry into force of this Statute that may be incompatible with the rights set out in Title I remain in force for a maximum period of two years, during which they must be adapted to the rules set out in this Statute.

2.  The parliamentary groups, the members of the Parliament, the Government and the Ombudsman, within the period set out in Section 1, may solicit an opinion from the Council of Statutory Guarantees, under the terms laid down by law, on the compatibility with the Statute of the laws of Parliament and the legal provisions with the rank of a law adopted by the Government before they enter into force. The opinion is not binding and may contain recommendations to Parliament or the Government for the amendment or repeal of the rules that are considered incompatible.

Second Transitional Provision  Validity of previous transitional provisions

The Third, Fourth and Sixth Transitional Provisions of Organic Law No. 4/1979 of December 18th on the Statute of Autonomy of Catalonia remain in effect, where applicable, as transitional rules.

Repealing Provision

The Organic Law No. 4/1979 of December 18th on the Statute of Autonomy of Catalonia is repealed.

Final Provisions

First Final Provision  Application of the provisions of Title VI

1.  The State-Generalitat Joint Commission for Economic and Fiscal Affairs must specify, within a period of two years from the entry into force of this Statute, the application of the provisions of Title VI.

2.  The provisions of Title VI must be applied in a gradual way on the basis of their financial viability. In all cases, this application must be fully effective within five years from the entry into force of this Statute.

Second Final Provision  The Tax Agency of Catalonia

The Tax Agency of Catalonia, to which Article 204 refers, must be created by a law of Parliament within one year from the entry into force of this Statute.

The functions that, pursuant to this Statute, are the responsibility of the Tax Agency of Catalonia shall be exercised, until the date when it is constituted, by the bodies that were exercising them until that time.

Third Final Provision  Time limit for the creation of the State-Generalitat Joint Commission for Economic and Fiscal Affairs

The State-Generalitat Joint Commission for Economic and Fiscal Affairs, which is established by Article 210, must be created within a period of six months from the entry into force of this Statute. While it has not yet been constituted, the State-Generalitat Joint Commission for Valuation exercises its powers. The formation of the State-Generalitat Joint Commission for Economic and Fiscal Affairs entails the immediate abolition of the State-Generalitat Joint Commission for Valuation.

Fourth Final Provision  Relation of economic and financial entities

The State-Generalitat Joint Commission for Economic and Fiscal Affairs must, within a period of six months from the entry into force of this Statute, determine the relationship of the entities to which Article 182 refers.

Remaining Effective Provisions of the ORGANIC LAW NO. 4/1979 OF DECEMBER 18, 1979 ON THE STATUTE OF AUTONOMY OF CATALONIA

Third Transitional Provision

1.  Until the transfer of the services corresponding to the powers granted to the Generalitat in this Statute has been completed, the State shall guarantee the financing of the services transferred to the Generalitat by an amount equal to the effective cost of the service in Catalonia at the time of the transfer.

2.  In order to guarantee the financing of the above-mentioned services, a Joint State-Generalitat Commission consisting of equal numbers of representatives from the State and the Generalitat shall be created, which shall adopt a method for fixing the percentage share that is envisaged in the third section of Article 44. The method to be used shall take into account the direct and indirect costs of the services as well as the relevant investment costs.

3.  The Joint Commission referred to in the previous Section shall fix the percentage mentioned while the transitional period lasts at least one month prior to the presentation of the budget of the State to the national Parliament.

4.  Using the method set down in Section 2, a percentage shall be established that takes into consideration the effective global cost of the services transferred by the State to the Generalitat, less the total amount collected by the Generalitat in the form of transferred taxes, in relation to the sum of the revenues obtained by the State in Chapters I and II of the last budget prior to the transfer of the services.

Fourth Transitional Provision

Until a law of Catalonia regulates the procedure for elections to Parliament, it shall be elected according to the following rules:

  1. 1.  After first obtaining the agreement of the national Government, the Executive Council48 of the Generalitat shall call elections within a maximum period of fifteen days after the promulgation of this Statute. The elections must be held within a maximum period of seventy days after being called.

  2. 2.  The electoral districts are the four regions of Barcelona, Gerona, Lerida and Tarragona. The Parliament of Catalonia shall comprise 135 deputies, of whom the district of Barcelona shall elect a deputy for every 50,000 inhabitants with a maximum of 85 deputies. The districts of Gerona, Lerida and Tarragona shall elect a minimum of six deputies plus one for every 40,000 inhabitants, there being allocated to each seventeen, fifteen and eighteen deputies, respectively.

  3. 3.  The deputies shall be elected by universal, equal, direct and secret suffrage involving adults aged at least eighteen years of age and using a system of proportional representation.

  4. 4.  The Regional Electoral Boards shall hold, within the limits of their respective jurisdiction, all the powers that the current electoral law assigns to the Central Board.

    The division for administrative litigation of the Territorial Court of Barcelona shall have jurisdiction over appeals contesting the validity of the election and the proclamation of elected deputies until such time as it is integrated into the High Court of Justice of Catalonia, which shall also hear appeals or challenges against the decisions of the Regional Electoral Boards.

    There shall be no appeal against the decisions of said division of the Territorial Court.

  5. 5.  In all matters that are not covered by the present provision, the current rules for legislative elections to the Congress of Deputies of the national Parliament shall apply.

Sixth Transitional Provision

The transfer of services linked to the powers that, according to this Statute, belong to the Generalitat shall take place in accordance with the following bases:

  1. 1.  Once the Executive Council or Government of the Generalitat is constituted, and within a maximum period of one month, a Joint Commission shall be appointed, which is charged with drawing up an inventory of the property and rights of the State that are to be transferred to the Generalitat, specifying the services and institutions that are to be transferred and adapting, if necessary, those which are transferred to the jurisdiction of the Generalitat.

  2. 2.  The Joint Commission shall be made up in priority of members appointed by the national Government and those appointed by the Council of the Generalitat, and it shall draw up its own rules of procedure.

    The decisions of the Joint Commission shall take the form of proposals to the national Government, which shall approve them by means of a decree in which the decisions appear in an annex. They shall be published simultaneously in the Official Bulletin of the State and the Official Journal of the Generalitat and shall enter into force upon publication.

  3. 3.  The Joint Commission shall establish the schedules and time frames for the transfer of each service. In any case, the Commission must determine, within a period of two years from the date of its formation, the deadline by which the transfer of all the services that fall to the Generalitat in accordance with this Statute shall be completed.

  4. 4.  The certification by the Joint Commission of the duly-promulgated governmental decisions shall be sufficient title for entry into the Property Register of the transfer of real property from the State to the Generalitat. This certification must satisfy the requirements of the Mortgage Law.

    The change of ownership in the leasing contracts of premises used as official offices for the transferred services does not give the lessor the right to cancel or modify the lease.

  5. 5.  The public servants attached to services belonging to the State or other public institutions that are affected by the transfers to the Generalitat shall henceforth come under the Generalitat. All rights of whatever kind or nature to which they are entitled at the time of the transfer shall be respected, including the right to take part in competitive transfer examinations held by the State on an equal footing with the other members of their group, thus enabling them to exercise their permanent right of choice.

    Until the Generalitat approves a statutory regime for its public servants, the current provisions of the State on the matter shall apply.

  6. 6.  The Generalitat shall assume in a definitive and automatic manner and without any break of continuity the services that have already been transferred to it since September 29, 1977 up to the entry into force of this Statute. With respect to the powers whose transfer is underway, the process shall continue in accordance with the terms set down in the relevant transfer decree. In either case, the effected transfers shall be adapted, if necessary, to the terms of this Statute.

  7. 7.  The Regional Councils of Barcelona, Gerona, Lerida and Tarragona may transfer or delegate to the Generalitat of Catalonia, in accordance with the legislation on local government, those services that by their nature require coordinated planning but may keep for themselves the application and management of such services.

  8. 8.  The Joint Commission formed in accordance with Article 3 of the Royal Decree of September 30, 1977 shall be considered dissolved once the Joint Commission referred to in Section 1 of this Transitional Provision is constituted.

Footnotes:

I have kept this quintessential Catalan term in Catalan. The Generalitat is the overall name for the autonomous government of Catalonia.

This is in Catalan in the text. It means “Constitutions and Other Laws of Catalonia”.

In this year, King Philip V of Spain abolished the Generalitat.

The Spanish term is Mancomunidad.

“Constitution” refers to the national Constitution.

“State,” when it is capitalized, refers to the Kingdom of Spain as a whole.

This reference has been held by the courts not to have legal effect.

This reference has been held by the courts not to have legal effect.

This is the lower house of the national Parliament.

10  The Spanish term is veguería, which seems special for Catalonia.

11  The Spanish term is comarca.

12  This expression is unconstitutional and void—decision of the STC on December 16, 2010.

13  Castilian (castellano) is the Spanish spoken in Castile and it is the standard written and spoken language in Spain. In this Statute, as in many South American countries, the term castellano is used to denote the Spanish language.

14  Aranese (Aranés in Aranese and in Castilian Aranès in Catalan; Aranais in French) is a dialect of Gascon and part of the Occitan language group of the Romance languages. It is spoken in Vald’Aran in northwestern Catalonia.

15  Normally the State refers to the Spanish State, but here it must refer to Catalonia. The Statute does not have jurisdiction to prescribe rules for the Spanish State. See decision of the STC of June 18, 2010.

16  At present, there are 135 deputies.

17  This is the upper house of the national Parliament.

18  The text says the opposite, but this makes no sense.

19  In Catalan, el Diari Oficial de la Generalitat de Catalunya.

20  In Spanish (Castilian) el Boletín Oficial del Estado.

21  The term used in Castilian is Consejero.

22  This section has been held to be unconstitutional—STC 31/2010 of June 28, 2010.

23  In Catalan, the term is Sindic de Greuges.

24  This clause is unconstitutional and void in accordance with STC 31/2010, of 28 of June.

25  The normal translation of artesanal is “craft,” but this is too narrow. The Spanish term includes all manual activities, such as that of estheticians.

26  The Spanish term is veguería.

27  Conselh Generau in Aranese.

28  Síndic in Aranese.

29  El Plen des Conselhères e Conselhères Generaus in Aranese.

30  Comission d’Auditors de Compdes.

31  This clause is unconstitutional and void in accordance with STC 31/2010, of 28 of June.

32  This clause is unconstitutional and void in accordance with STC 31/2010, of 28 of June.

33  This article is unconstitutional and void in accordance with STC 31/2010, of June 28.

34  Subparagraphs a–e have been declared unconstitutional—see STC 31/2010 of June 28, 2010.

35  This section has been declared unconstitutional—see STC 31/2010 of June 28, 2010.

36  This clause is unconstitutional and void in accordance with STC 31/2010, of 28 of June.

37  This section is unconstitutional in accordance with STC 31/2010, of June 28.

38  This clause is unconstitutional in accordance with STC 31/2010, of June 28.

39  This section has been declared unconstitutional—see STC 31/2010 of June 28, 2010.

40  This clause is unconstitutional and void in accordance with STC 31/2010, of June 28.

41  This paragraph has been declared unconstitutional—see STC 31/2010 of June 28, 2010.

42  The Spanish term calificación refers the judgment that the registrar must pass on the legality of the documents by virtue of which entry in requested.

43  This clause has been declared unconstitutional—see STC 31/2010 of June 28, 2010.

44  I have so translated in this context the Spanish term mancomunidad.

45  This sentence seems incomplete. Presumably this executive power belongs to the Generalitat.

46  It is precisely this equalization system that the Catalan independence movement dislikes as it believes that it places a disproportionate burden on Catalonia as the richest Autonomous Community.

47  This clause has been held to be unconstitutional—see STC 31/2010 of June 28, 2010.

48  Now called the “Government.”