The Article 137 of the Spanish
Constitution says: "The State is territorially
organized in municipalities, provinces and the Autonomous
Communities that can be constituted: all those entities enjoy
of autonomy in the management of their own interests".
In
the same sense, the Article 5 of the Statute
of Autonomy of Catalonia says that "The
Generalitat of Catalonia shall divide its territorial organization
into municipalities and counties ("Comarques"), although
it may also set up larger administrative districts" .
In
accordance with those provisions of the Statute, the
Parliament
of Catalonia approved the so-called "Territorial
Organization Laws", than sets up the local administrations
of Catalonia: Law 5/1987, of the provisory regulation of
the competencies of the "Diputacions provincials", Law 6/1987,
about the organization of the counties ("Comarques"), Law
7/1987, that settles and regulates special public actuation
in the conurbation of Barcelona and in the counties of its
direct influence, and Law 8/1997, Municipal and of Local
Administration of Catalonia.
According
whit this legal framework , the Generalitat
of Catalonia is territorially organized in municipalities
and counties, and the province, the municipal
decentralized entities, the metropolitan authorities and
the "mancomunitats", too, are also considered as local administrations.
The municipality, the county and the province are territorial
entities, and every one of them is fully autonomous in the
management of its own interests
.
The
Municipi,
or municipality, is the basis of all the territorial organization,
and the first level of the citizen's participation in public
affairs. The municipality is ruled and administrated by
the "Ajuntament", or council, integrated by "Regidors" -councillors,
directly elected by the citizens- and the "Alcalde", elected
by the councillors among them.
At
this moment, there are 946 municipalities in Catalonia.
The population of 28 of them is below 100 inhabitants; 492
have a population between 100 and 1.000 inhabitants, 254
between 1.001 and 5.000, 120 between 5.001 and 20.000, 31
between 20.0001 and 50.000, and 21 above 50.000 inhabitants:
anyway, 70% of the Catalan population lives in the 45 municipalities
whose population exceeds 20.001 inhabitants.
The
Entitats Municipals Descentralitzades, or EMD's are little
villages, or parishes, inside the boundaries of a municipality,
ruled by a Neighbourhood Council, with his President,
at this moment, there are 54 EMD's in Catalonia, mostly
in rural and mountain areas.
The
comarca,
or County, A? is a second-level local administration, specific
of the Catalan local government organization. The "Comarca"
is ruled by the "Consell comarcal", a council whose members
shall be appointed by the political forces, among the municipal
councillors, according with the results of the municipal
elections. The comarca councillors shall elect a President
among them. The Comarca has also a Manager, that performs
a lot of very important functions.
Comarques
are created in 1987 by law of the Parliament of Catalonia,
and, at this moment, there are 41 of them. They give support
to the municipalities, mostly the small ones, in order to
provide its citizens all the services granted by the law.
The
província,
or province, is another second-level local administration,
dated back to 1832 in Spanish regulation. The Catalan 5/1987
Law provides that provinces shall be abolished in the future.
Provinces are ruled by the Diputaciň Provincial, whose "Diputats",
or councillors, are appointed by a system roughly similar
to those of the comarcal councillors. There are 4 provinces
in Catalonia. The
Entitats Metropolitanes, or Metropolitan Authorities, are
created inside the boundaries of Barcelona Metropolitan
Area by the Parliament of Catalonia. At this moment, there
are only two "Entitats" of this kind, the Transport Metropolitan
Authority and the Water Supply and Waste Disposal Metropolitan
Authority, both of them created by Law 7/1997.
Municipalities
have the right to associate, in order to provA?ide services
in more efficient conditions; they can create Mancomunitats,
-with other municipalities; 63 in Catalonia, at this moment-
or Consorcis, with other public authorities, or non-profit
organizations: there are 199 of them in Catalonia.
Otherwise,
and with the same purpose -the most efficient provision
of services and public goods- municipalities and Comarques
can create a wide range of autonomous authorities and public
enterprises, according with Administrative regulation, or
under common civil regulation: there are 756 such ens de
gestió of all kinds, and its number is in fast increasing.
According
with Law 8/1997, all the local administrations can approve
and use a coat-of-arms, or escut; municipalities can also
have his own banner, or bandera.
The
personnel -personal- of the local administrations is divided
into civil servants -funcionaris-, with a special statutory
regulation, and laborals, whose situation is regulated by
common labour legal framework- Some of the higher-rank "Funcionaris"
have a "Habilitació Estatal" (State-wide commission) status,
and can work in all Spanish municipalities. The personnel
roll, or plantilla, is approved yearly.
All
the local administrations ought to approve, every year,
a budget, or Pressupost,
comprehensive of all its expenses and revenues.
Barcelona,
march, 2004
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