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Estatut de Catalunya

Proposal for reform of the of PREAMBLE The Catalan nation has been constructed over the course of time by means of creation of wealth, full and quality employment, and a permanent commitment the active contributions of many generations, traditions and cultures, all of which to the fight against inequality, discrimination, injustice and poverty. have found their homeland in Catalonia. Catalonia has defined a language, modelled a , welcomed other languages and other cultural These rights are exercised in conjunction with individual responsibility and the manifestations, shown its openness to generous interchange, constructed a civic duty to actively participate in a shared project, which is the joint system of rights and freedoms, made its own laws and, finally, has developed a construction of this society, the organisation of which is based on proximity to model of supportive coexistence which strives for social justice. the people through municipal councils, comarques and vegueries, all of which make the institutional system of the . This Statute of Autonomy of Catalonia follows in the tradition of the and other rights of Catalonia, which historically have provided a Catalan self-government is based, therefore, on these values and objectives, political and social structure for the men and women of Catalonia. developed within Catalonia and promoted in and in , and above all, on a defence of the plurality of languages and cultures, to which Catalonia Since 1714, various attempts have been made to recover our institutions of self- contributes with Catalan, the right and proper language of all its citizens, government. The milestones on this path through history were, among others, irrespective of the language used by each citizen habitually. the Mancomunitat of 1914, the re-establishment of the Generalitat, the Statutes of 1932 and 1979, all of which were manifestations of Catalonia’s wish to This Estatut is written by a people for a free people. Political freedoms exercise, then as now, its inalienable right to self-government. achieved as a country should never infringe on the individual freedoms of the citizens of Catalonia, since the only truly free country is one in which each The Estatut is, therefore, the custodian of a common heritage, and preserves, individual may live and express his or her identity, whatever it may be, without moreover, the memory of all those who have fought for recognition of the hierarchical or dependent relationships. national rights of Catalonia and the social rights of the , including those who were exiled or who even lost their lives. This Estatut, therefore, establishes the following: However, over and above this heritage, the driving force behind this Estatut is One.- Catalonia is a nation. the aspiration, project and dream of a Catalonia with no impediments of any Two.- The Generalitat, re-established in 1931, has never ceased to exist, nature to the free and full interdependence that all nations of today require. whether in its own land or in exile, thanks to the tenacity of the people and The wish and right of the citizens of Catalonia to freely determine their future as the loyalty of their leaders. a people that has been repeatedly expressed by the of Catalonia Three.- Catalonia, affirming its historical rights, has developed and holds corresponds to an affirmation of national identity, historically represented by the a unique position with respect to its language, culture, and institution that is the Generalitat,which existed until the 18th century, was later territorial organisation. recovered and, without interruption, upheld as the maximum expression of the historical rights of Catalonia, which rights this Estatut incorporates and brings Four.- Catalonia is a land rich in territories and peoples, with a diversity into the present. that has defined and enriched it over the centuries and that strengthens it for the future. Today, by means of this new Estatut, Catalonia, in its process of constructing a nation, expresses its desire to exist and to continue progressing towards both Five.- Catalonia considers Spain to be a plurinational State. recognition of its collective identity, and perfection and extension of self- Six.- Catalonia exists in a spirit of fraternity with the peoples of Spain and government. in solidarity with the rest of the world. This Estatut therefore provides a definition of the institutions of the Catalan Seven.- Catalan law is applicable as a matter of preference. nation and of their relationship with the peoples of Spain, within a framework of freely expressed solidarity with the and regions that constitute Eight.- The democratic political tradition in Catalonia has always Spain and compatible with a plurinational Spain. emphasised the importance of rights and obligations, knowledge, education, social cohesion, and equal rights, and most particularly, the Likewise established is Catalonia’s relationship with Europe, where all national equality of men and women. communities participate equally in governmental and legislative institutions in order to contribute to the construction of Europe. Nine.- Access to universal systems of communication, transport, innovation, research and technology, and also to sustainable This Estatut is conceived as that of Catalonia and L’Aran, since the citizens of development, shall be primordial for the Catalan people. Catalonia and their political institutions recognise L’Aran as a national entity in its own right. Ten.- Catalonia, within the framework of its powers and through Spain, belongs to the , shares its values and the European model By means of this Estatut, Catalonia wishes to progress towards an improved of welfare and progress, and offers its friendship and collaboration to form of , based on a suitable balance between rights and obligations neighbouring communities and regions in order to form a Mediterranean and on citizen participation. This principle guides the actions of the public Euro-region that serves the purpose of promoting common interests. authorities, which serve both the general interest and the rights of citizens, including the rights to wellbeing, quality of life, peaceful coexistence, efficient In order to faith with these principles and to exercise the inalienable right and quality public services, protection of the environment, access to a universal of Catalonia to self-government, the members of the Catalan parliament hereby benefits system that fosters equality and social cohesion, not to mention the propose: CATALONIA TODAY 16 ESTATUT THURSDAY, NOVEMBER 3, 2005

PRELIMINARY TITLE 3. The of Catalonia is La Diada, the eleventh of . ARTICLE 1. THE CATALAN NATION 4. The national of Catalonia is . 1. Catalonia is a nation. 5. Parliament shall regulate the diverse expressions of the symbolic framework of Catalonia and 2. Catalonia, which exercises self-government through its own institutions, is constituted as an shall define their order of protocol. autonomous community in accordance with the and this Estatut. 6. Legal protection extended to the symbols of Catalonia shall be the same as that for other symbols of Spain.

ARTICLE 2. THE GENERALITAT ARTICLE 9. TERRITORY 1. TheGeneralitat is the institutional system around which Catalonia’s self-government is politically organised. The territory of Catalonia is that corresponding to the geographical and administrative limits of the Generalitat as of the moment that this Estatut comes into force. 2. The Generalitat consists of the Parliament, the Presidency of the Generalitat, the Government and the other institutions described in Chapter V of Title II. 3. , vegueries, comarques and other local government bodies determined by law ARTICLE 10. THE CAPITAL constitute the institutional system of the Generalitat,being the bodies according to which the The capital of Catalonia is the city of , as the permanent of Parliament, of the latter is territorially organised, without prejudice to their autonomy. Presidency of the Generalitat and of the Government, without prejudice to possible meetings of 4. The powers of the Generalitat are decided by the people of Catalonia and are exercised Parliament and Government in other locations in Catalonia, in accordance with the Rulings of according to this Estatut and the Constitution. Parliament and the law.

ARTICLE 3. POLITICAL FRAMEWORK ARTICLE 11. L’ARAN 1. The relationship of the Generalitat with the Spanish State, based on the principle of mutual 1. The people of L’Aran exercise self-government through this Estatut,the Conselh Generau de institutional loyalty, is regulated by the general principle according to which the Generalitat is the l’Aran and any other institutions of its own. state, by the principle of autonomy, by the principle of Spanish plurinationalism, and by the 2. The citizens of Catalonia and their political institutions recognise L’Aran as an Occitan principle of bilateralism, and does not, moreover, exclude the use of multilateral participation national entity, on the basis of a unique cultural, historical, geographical and linguistic identity mechanisms. defended its people over the centuries. This Estatut recognises, protects and respects this 2. Catalonia takes the European Union as its political and geographical point of reference and uniqueness and recognises L’Aran as a unique territorial entity within Catalonia, subject to incorporates the values, principles and obligations implied by being a part thereof. specific protection under a special legal regime.

ARTICLE 4. RIGHTS AND GOVERNING PRINCIPLES ARTICLE 12. TERRITORIES WITH HISTORICAL, LINGUISTIC AND CULTURAL LINKS WITH CATALONIA 1. The public authorities of Catalonia shall promote the full exercise of freedoms and the individual and collective rights recognised by this Estatut, the Constitution, the European Union, The Generalitat shall promote communication, cultural exchange and cooperation with any the Universal Declaration of Human Rights, the European Convention for the Protection of communities and territories, whether or not they belong to Spain, which have historical, Human Rights and Individual Freedoms, the International Pact of Civil and Political Rights, the linguistic and cultural links with Catalonia. For this purpose, the Generalitat and the Spanish International Pact of Economic, Social and Cultural Rights and those other international treaties Government, as appropriate, may sign agreements, treaties and other collaboration instruments and conventions that recognise and guarantee fundamental rights and freedoms. in any field, and which may provide for the creation of joint entities. 2. The public authorities of Catalonia shall promote conditions in which individual and group freedom and equality are real and effective. They shall, moreover, enable the participation of all ARTICLE 13. CATALAN COMMUNITIES OUTSIDE CATALONIA people in political, economic and social life, and shall recognise the right of peoples to preserve The Generalitat, within the terms established by the law, shall foster social, economic and and promote their own identity. cultural links with Catalan communities outside Catalonia and shall provide them with any 3. The public authorities of Catalonia shall promote the values of freedom, democracy, equality, necessary assistance. To this end, the Generalitat, where appropriate, may enter into pluralism, peace, justice, solidarity, social cohesion, gender equality and sustainability. cooperation agreements with public and private institutions in territories and countries outside Catalonia containing Catalan communities, and may, moreover, request the Spanish Government to sign international treaties in this respect. ARTICLE 5. HISTORICAL RIGHTS Self-government in Catalonia as a nation is based on the historical rights of the Catalan people, on Catalonia’s secular institutions, and on the Catalan legal tradition, all of which this Estatut ARTICLE 14. TERRITORIAL APPLICATION OF RULES incorporates and modernises under the auspices of Article 2, Temporary Provision Two, and 1. The rules and regulations of the Generalitat and the civil law of Catalonia are applicable other provisions of the Constitution, as precepts from which derive the recognition of the within the territory of Catalonia, without prejudice to any exceptions that may be established in Generalitat’s unique position in relation to civil law, language, education, culture, and the relation to individual matters and in such situations as may be governed by legal status or by institutional system by means of which the Generalitat is organised. other extraterritorial rules. 2. Foreign citizens who obtain Spanish are subject to Catalan civil law while these are legally resident in Catalonia, unless they express a wish to the contrary. ARTICLE 6. LANGUAGE 1. The language proper to Catalonia is Catalan. As such, Catalan is the language of normal and preferential use in all Catalan public administration bodies and in the public media, and is, TITLE I. RIGHTS, OBLIGATIONS AND GOVERNING PRINCIPLES moreover, the language of normal use for teaching and learning in the education system. CHAPTER I. CIVIL AND SOCIAL RIGHTS AND OBLIGATIONS 2. Catalan is the of Catalonia, together with Castilian, the official language of ARTICLE 15. THE RIGHTS OF THE INDIVIDUAL Spain. Each individual in Catalonia has the right to use and the right and duty to know these two 1. The citizens of Catalonia have the rights and obligations conferred by the rules referred to in official languages. The public authorities of Catalonia shall establish the necessary measures to Article 4.1. enable the exercise of these rights and the fulfilment of this duty. 2. Each individual has the right to live in dignity, safety and autonomy, free from exploitation, 3. TheGeneralitat and the Spanish State shall implement the necessary measures for from ill-treatment and from all types of discrimination, and has the right, moreover, to freely recognising the official nature of Catalan within the European Union and its presence and use in develop his or her personality and personal abilities. international organisations and in international treaties of cultural or linguistic content. 3. The rights of the citizens of Catalonia, as recognised by this Estatut, may be extended to 4. TheGeneralitat shall promote communication and cooperation with the other communities other individuals, under the terms established by the law. and territories that share a linguistic heritage with Catalonia. To this end, the Generalitat and the Spanish Government may, as appropriate, sign agreements, treaties and other collaboration instruments for the promotion and external dissemination of Catalan. ARTICLE 16. THE RIGHTS OF THE FAMILY 5. The , referred to as Aranese in L’Aran, is the language proper and official to Each individual has the right, in accordance with the requirements established by law, to receive this area and is also an official language of Catalonia, in accordance with this Estatut and with social benefits and public assistance in fulfilling family responsibilities. the laws standardising language. ARTICLE 17. THE RIGHTS OF CHILDREN ARTICLE 7. THE POLITICAL STATUS OF CATALANS All children have the right to receive the attention necessary for the development of their 1. Spanish citizens legally resident in Catalonia benefit from the political status of Catalans. personality and to ensure their welfare in both family and social contexts. Their political rights are exercised according to this Estatut and the law. 2. As Catalans, Spanish citizens resident abroad also enjoy the political rights defined in this ARTICLE 18. THE RIGHTS OF THE ELDERLY Estatut, provided that their last legal place of residence was Catalonia. Children registered as Elderly people have the right to live with dignity, free from exploitation and ill-treatment, and Spanish citizens shall also enjoy these rights, if they wish, in the manner determined by law. moreover, may not be discriminated against for reasons of age.

ARTICLE 8. NATIONAL SYMBOLS ARTICLE 19. THE RIGHTS OF WOMEN 1. The national symbols of Catalonia are the flag, the national day and the national anthem. 1. All women have the right to freely develop their personality and personal abilities, and 2. The flag of Catalonia, which is the traditional flag with four red stripes on a yellow moreover, to live with dignity, freedom and autonomy, free from exploitation, ill-treatment and all background, shall be present on public buildings and during official acts held in Catalonia. types of discrimination. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 17

2. Women have the right to participate equally with men in all private and public spheres. ARTICLE 27. RIGHTS AND OBLIGATIONS CONCERNING THE ENVIRONMENT 1. Each individual has the right to live in an environment that is balanced, sustainable and ARTICLE 20. THE RIGHT TO DIE WITH DIGNITY respectful of health, in accordance with the standards and protection levels established by law. Each individual also has equal rights to enjoy the landscape and natural resources, and has the 1. Each individual has the right to undergo the process of death with dignity. obligation, moreover, to use these responsibly and to avoid squander and damage of natural 2. Each individual has the right to express their will in advance, if they are not able to express resources. their wishes personally, by placing instructions on record in regard to any medical treatment or 2. Each individual has the right to protection from different forms of pollution, in accordance with intervention that they may undergo, which instructions must be respected by medical staff, in the standards and protection levels determined by law. With the objective of maintaining and accordance with the terms of the law. preserving the for future generations, each individual has the obligation to collaborate in the conservation of the natural heritage and in actions intended to eliminate any ARTICLE 21. EDUCATIONAL RIGHTS AND OBLIGATIONS form of pollution. 3. Each individual has the right of access the environmental information held by the public 1. Each individual has the right to a quality education in conditions of equality. The Generalitat authorities. The right to information may only be limited for justifiable reasons of public order, in shall establish a model of education in the public interest that guarantees these rights. the terms established by law. 2. In accordance with the principles established in Article 37.4, the right of children to receive the moral and religious education in public lay schools that is in accordance with the convictions of their parents shall be guaranteed. . ARTICLE 28. CONSUMER AND USER RIGHTS 3. Private schools may receive public funds in accordance with the law, in order to guarantee 1. Each individual, in their capacity as consumer and user of goods and services, has the right rights of equal access and of teaching quality. to the protection of their health and safety. They also have the right to accurate and 4. Education is free at all compulsory stages and at other levels as may be established by law. comprehensible information about the characteristics and price of goods and services, to a system of guarantees for purchased products and contracted supplies, and to protection of their 5. Each individual has the right to vocational and continuous training, under the terms economic interests against abusive, negligent or fraudulent conduct. established by law. 2. Consumers and users have the right to information and the right to participate, directly or 6. Each individual has the right to receive, under the terms and conditions established by law, through their representatives, in the public administration bodies in Catalonia, under the terms public assistance in accordance with educational needs and has the right, moreover, of equal established by law. access to higher levels of education, in accordance with economic resources, aptitudes and preferences. 7. Individuals with special educational needs have the right to receive the support necessary to CHAPTER II. POLITICAL AND ADMINISTRATIVE RIGHTS gain access to the educational system, in accordance with the law. ARTICLE 29. RIGHT OF PARTICIPATION 8. The members of the educational community have the right to participate in the school and 1. The citizens of Catalonia have equal rights in terms of participation in the public affairs of university system under the terms established by law. Catalonia, whether directly or through their representatives, and in the circumstances and under the terms established by this Estatut and by law. 2. The citizens of Catalonia have the right to elect representatives to representative political ARTICLE 22. CULTURAL RIGHTS AND OBLIGATIONS entities and have the right to stand for election as candidates, in accordance with the conditions 1. Each individual has the right of equal access to culture and to the development of their and the requirements established by law. individual and collective creative abilities. 3. The citizens of Catalonia have the right to promote and present legislative initiatives before 2. Each individual has the duty to respect and preserve . the Parliament, under the terms established by this Estatut and the law. 4. The citizens of Catalonia have the right to participate, directly or through associative bodies, ARTICLE 23. THE RIGHT TO HEALTH in the parliamentary process of drafting laws, in accordance with the processes established by Parliamentary Regulation. 1. Each individual has the right of equal access, free of charge, to public healthcare services, in accordance with the terms established by law. 5. Each individual has the right to present petitions and complaints, in the form and for the purpose established by the law, to the institutions and the Administration of the Generalitat and 2. Public healthcare users have the right to have their preferences to the local government units of Catalonia in relation to matters coming under the respective respected in terms of choice of doctor and healthcare centre, under the terms and conditions spheres of influence of each. The conditions and effects produced by this established by law. right and the obligations of the receiving institutions shall be established by law. 3. Each individual, with respect to public and private healthcare services, has the following 6. The citizens of Catalonia have the right to call for public consultations with the Generalitat and rights: to be informed of the services to which they have access and the requirements for use of Municipal Councils in relation to matters coming under the respective spheres of influence of these services; to be informed of medical therapies and their risks, prior to treatment; to give each, in the form and according to the terms established by law. their free consent for all medical interventions; to have access to their own medical records; and to receive guarantees as to the confidential nature of information relating to their own health, under the terms established by law. ARTICLE 30. RIGHT OF ACCESS TO PUBLIC SERVICES AND RIGHT TO EFFICIENT ADMINISTRATION ARTICLE 24. THE RIGHT TO WELFARE SERVICES 1. Each individual has the right of equal access to public and economic services of general interest. The public administration bodies shall decide on conditions of access and on quality 1. Each individual has the right of equal access to public welfare services, to be informed about standards for these services, regardless of the system for their provision. these services, and to give their free consent to any act that affects them personally, in accordance with the terms of the law. 2. Each individual has the right to impartial and objective treatment from the public authorities of Catalonia in matters affecting them and, moreover, that the action of the public authorities is 2. Each individual with special needs in regard to maintaining personal autonomy in the proportional to the ends justifying it. activities of daily life has the right to receive attention adapted to their situation, in accordance 3. The law shall regulate the conditions and guarantees in relation to the exercise of the rights with the legally established conditions. described in Sections 1 and 2 above, and shall, moreover, determine circumstances in which 3. Individuals or families in a situation of poverty have the right of access to a basic guaranteed the public authorities of Catalonia and any public services dependant on them shall adopt a income that ensures that they have the minimum necessary to live in dignity, in accordance with charter of user rights and service providers obligations. the legally established conditions. 4. Third sector organisations have the right to fulfil their functions in the spheres of social participation and collaboration. ARTICLE 31. THE RIGHT TO THE PROTECTION OF PERSONAL DATA Each individual has the right to the protection of the data of a personal nature contained in records held by the Generalitat, as also the right to access, examine and have them corrected. ARTICLE 25. EMPLOYMENT RIGHTS An independent authority, designated by the Parliament, shall ensure that these rights are 1. All workers have the right to professional training and promotion and the right of free access respected under the terms established by law. to public employment services. 2. Any individual excluded from the job market because they have not been able to enter or re- CHAPTER III. LINGUISTIC RIGHTS AND OBLIGATIONS enter it and without a means of subsistence has the right to receive non-contributory benefits and resources to relieve their situation, under the terms established by law. ARTICLE 32. RIGHTS AND OBLIGATIONS OF KNOWLEDGE AND USE OF LANGUAGES 3. All workers have the right to perform their work and professional tasks in conditions that Each individual has the right not to be discriminated against for linguistic reasons. Legal acts guarantee their health, safety and dignity. executed in either of the two official languages have, in terms of language, full validity and 4. Workers, or their representatives, have a right to information, as also consultation and effect, with no possibility of a claim of ignorance. participation rights in their company. 5. Trade union and employer union organisations have the right to fulfil their functions in the spheres of social dialogue, participation and social collaboration. ARTICLE 33. LINGUISTIC RIGHTS BEFORE PUBLIC ADMINISTRATION BODIES AND STATE INSTITUTIONS 1. Citizens have the right to linguistic choice. In their relations with institutions, organisations ARTICLE 26. THE RIGHT TO HOUSING and public administration bodies in Catalonia, each individual has the right to use the official Any individual with insufficient resources has the right to housing of an adequate standard, and language of their choice. This right binds all public institutions, organisations and administration public authorities shall, therefore, establish by law a system of measures which guarantee this bodies, and, in general, any private bodies accountable to these public bodies when exercising right, in the terms determined by law. public functions. CATALONIA TODAY 18 ESTATUT THURSDAY, NOVEMBER 3, 2005

2. When dealing with the Justice Authorities, the Office of the Director of Public Prosecutions, powers, the public authorities of Catalonia shall promote and adopt any measures necessary to notaries and the public registry office, Each individual has the right to use the official language guarantee their full effectiveness. of their choice in any judicial, notarial or registration act, and to receive all official documentation 2. The recognition, respect and protection of these governing principles shall shape positive issued in Catalonia in the language requested, without having to endure defencelessness or legislation, judicial practice and the actions of the public authorities. undue delay due to the language chosen, and without having to provide any type of translation. 3. The governing principles may be called into question in the courts, in accordance with the 3. To guarantee the right to linguistic choice, judges and magistrates, public prosecutors, provisions of the law and other enacted regulations. notaries, registrars of property and companies, registrars of births, marriages and deaths and those in the service of the justice authorities, must demonstrate, in order to serve in Catalonia, in the form established by this Estatut and the law, that they have an adequate and sufficient ARTICLE 40. PROTECTION OF THE INDIVIDUAL AND THE FAMILY knowledge of the official languages that renders them fit to fulfil the functions of their post or 1. The public authorities shall have as their objective improvement in the quality of life for all workplace. individuals. 4. To guarantee the right to linguistic choice, the Administration of the Spanish Government 2. The public authorities shall guarantee the legal, economic, and social protection of the situated in Catalonia must demonstrate that the staff in its service have an adequate and various forms of family, as a basic structure, as an element that favours social cohesion, and as sufficient knowledge of the two official languages that renders them fit to fulfil the functions of the primary structure for coexistence between individuals. They shall, moreover, implement their post. economic measures and supportive regulations for families, with a view to guaranteeing a 5. The citizens of Catalonia have the right to communicate with the constitutional entities and balance between professional and family life and having children, and shall pay special attention the national courts in written Catalan, in accordance with the procedures established by the to large families. corresponding legislation. These institutions shall attend to and process written communications 3. The public authorities shall guarantee the protection of children, in particular, from all forms of in Catalan, and may not request the person concerned to provide a translation into Castilian. exploitation, abandonment, ill-treatment, cruelty, as also from poverty and its effects. In all actions implemented by the public authorities or by private institutions, the interests of the child ARTICLE 34. LINGUISTIC RIGHTS OF CONSUMERS AND USERS shall be awarded priority. Each individual, in their capacity as user or consumer of goods, products and services, has the 4. The public authorities shall promote public policies to encourage the emancipation of young right to be attended orally or in writing in the official language of their choice. Bodies, companies people, by facilitating access to work and housing so that they may develop their own lives and and establishments that are open to the public in Catalonia are bound by the obligation of participate with equal rights and obligations in social and cultural life. linguistic availability in the terms established by law. 5. The public authorities shall guarantee the legal protection of people with disabilities and shall promote their social, economic and occupational integration. They shall also adopt the necessary measures to replace or complement the support provided in their immediate family ARTICLE 35. LINGUISTIC RIGHTS IN EDUCATION environment. 1. Each individual has the right to receive an , as established in this 6. The public authorities shall guarantee the protection of the elderly in order that they may lead Estatut. Catalan shall be used as the teaching medium and language of learning of normal use a life of dignity and autonomy and be able to participate in social and cultural life. They shall for university and non-university education. also strive for the full integration of the elderly in society by means of public policies based on 2. Pupils have the right to receive an education in Catalan at the nonuniversity level. They also the principle of solidarity among the generations. have the right and obligation to have sufficient oral and written knowledge of Catalan and Castilian on completing compulsory education, whatever their habitual language of use on 7. The public authorities shall promote the equality of the different forms of union established commencement of their education. The Catalan and Castilian languages shall be sufficiently between couples regardless of the sexual orientation of the partners. The law shall regulate represented in the curriculum. these unions and other forms of and their consequences. 3. Pupils have the right not to be separated into centres or different class groups on the basis of 8. The public authorities shall promote the equality of all individuals, regardless of background, their habitual language of use. nationality, gender, race, religion, social condition or sexual orientation, and shall also promote the eradication of racism, anti-semitism, xenophobia, homophobia and of any other 4. Older pupils who join the school system in Catalonia have the right to receive special perspectives that may constitute a violation of the equality and dignity of the individual. linguistic support if their lack of comprehension skills makes it difficult for them to pursue their education normally. 5. The teaching staff and pupils of universities have the right to express themselves, orally and ARTICLE 41. GENDER ISSUES in writing, in the official language of their choice. 1. The public authorities shall guarantee the fulfilment of the principle of equal opportunities for women and men in access to work, training, professional promotion, working conditions, salary, and in all other circumstances, and shall also guarantee that women will not be discriminated ARTICLE 36. RIGHTS CONCERNING ARANESE against as a consequence of pregnancy or motherhood. 1. In L’Aran each individual has the right to know and use Aranese and to be attended orally and 2. The public authorities shall guarantee that the perspectives of gender and of women are in writing in Aranese in relations with the public administration bodies and any public and private entities accountable to comprehensively applied in all public policies so as to ensure real and effective equality and parity between women and men. them. 3. Public policy shall guarantee that all forms of violence against women and actions of a sexist 2. The citizens of L’Aran have the right to use Aranese in their relations with the Generalitat. and discriminatory nature shall be suitably dealt with; it shall encourage the recognition of the 3. Other rights and obligations relating to Aranese shall be determined by law. role of women in the cultural, historical, social and economic fields and shall promote the participation of women’s groups and associations in drafting and evaluating policies that affect them. 4. The public authorities shall recognise and take into account the economic value of CHAPTER IV. GUARANTEES OF STATUTORY RIGHTS domestic care and attention in drafting economic and social policies. ARTICLE 37. GENERAL PROVISIONS 5. The public authorities shall ensure that the free choice of women is the determining factor in 1. The rights recognised in Chapters I, II and III link all public authorities functioning in Catalonia all matters that may affect their dignity, integrity and physical and mental welfare, most and, in accordance with the nature of each right, individual citizens. Regulations passed by the particularly in matters affecting their own bodies and their reproductive and sexual health. public authorities in Catalonia shall respect these rights and shall interpret and apply them in such a way as to ensure their full effectiveness. 2. Parliament shall approve the Charter of Rights and Obligations of the Citizens of Catalonia by ARTICLE 42. SOCIAL COHESION AND WELFARE law. The provisions of this article concerning the rights recognised in Chapters I, II and III of this 1. The public authorities shall promote public policies that foster social cohesion and that Title shall also apply to the rights recognised in this Charter. guarantee a system of social services, whether public or private with public subsidies, that are 3. The essential regulation and the direct development of the rights recognised in Chapters I, II adapted to the economic and social indices of Catalonia. and III of this Title shall be through an Act of Parliament. 2. The public authorities shall ensure full social, economic and occupational integration of 4. None of the provisions of this Title shall be enacted, applied or interpreted in any way that individuals and groups most in need of protection, most particularly those who are in situations reduces or restricts the fundamental rights recognised in the Constitution and in international of poverty and at risk of social exclusion. treaties and conventions ratified by Spain. 3. The public authorities shall ensure the dignity, safety, and full protection of all individuals, most especially those who are most vulnerable. ARTICLE 38. PROTECTION 4. The public authorities shall guarantee the quality of service and the free nature of public healthcare under the terms established by law. 1. The Council of Statutory Guarantees protects the rights recognised in Chapters I, II and III of this Title and in the Charter of Rights and Obligations of the Citizens of Catalonia, in 5. The public authorities shall promote preventive and community policies and shall guarantee accordance with Article 76.2 b and c. the quality and the free nature of any social services designated by the law as basic. 2. Any act that undermine the rights recognised in Chapters I, II and III of this Title and in the 6. The public authorities shall implement the necessary measures to establish a system for Charter of Rights and Obligations of the Citizens of Catalonia may be appealed to the Chamber receiving immigrants, and shall, moreover, promote policies to guarantee full and effective of Statutory Rights of the High Court of Justice of Catalonia, under the terms and by means of recognition of their rights and obligations, as also their rights to equality of opportunity and to the procedures established in the Organic Law of Judicial Power. services and benefits that will facilitate their social and economic adaptation and their participation in public affairs. 7. The public authorities shall ensure social, cultural and religious harmony among individuals in CHAPTER V. GOVERNING PRINCIPLES Catalonia, and, moreover a respect for diversity of belief and of ethical and philosophical ARTICLE 39. GENERAL PROVISIONS convictions. They shall foster intercultural relations through the encouragement and creation of 1. The public authorities of Catalonia shall implement public policy in accordance with the forums for cultural exchange, dialogue and mediation. They shall also guarantee the recognition governing principles established by the Constitution and this Estatut. In the exercise of their of the culture of the Romany people so as to safeguard their historical heritage. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 19

ARTICLE 43. ENCOURAGING PARTICIPATION 5. The public authorities shall provide citizens with environmental information and shall 1. The public authorities shall promote social participation in drafting, providing and evaluating encourage education in values concerning the preservation and improvement of the public policy, as also the participation of individuals and associations in civic, social, cultural, environment as a common heritage. economic and political matters, with full respect for the principles of pluralism, free enterprise and autonomy. ARTICLE 47. HOUSING 2. The public authorities shall facilitate citizen and political participation and representation, The public authorities shall facilitate access to housing by means of the provision of land and paying special attention to the less populated areas of the territory. the promotion of public and subsidised housing, paying special attention to young people and 3. The public authorities shall ensure that institutional campaigns organised on the occasion of groups with the greatest need. electoral processes have as their aim the encouragement of citizen participation and, moreover, that the information on electoral candidates provided by the media to the electorate is accurate, objective and neutral and that it respects political pluralism. ARTICLE 48. MOBILITY AND ROAD SAFETY 1. The public authorities shall promote transport and communication policies based on criteria of sustainability that encourage the use of public transport, improve mobility, and guarantee ARTICLE 44. EDUCATION, RESEARCH AND CULTURE access for people with reduced mobility. 1. The public authorities shall guarantee the quality of the education system and shall provide a 2. The public authorities shall implement, as a matter of priority, measures aimed at improving social, scientific and technical education for students that is based on the social values of road safety and reducing the number of traffic accidents, placing particular emphasis on equality, solidarity, freedom, pluralism and civil responsibility, as also any other values that prevention, road safety education and the care of accident victims. contribute to democratic coexistence. 2. The public authorities shall ensure sufficient knowledge of a third language by completion of compulsory education. ARTICLE 49. PROTECTION OF CONSUMERS AND USERS 3. The public authorities shall advance and encourage the involvement and the participation of 1. The public authorities shall guarantee the protection of the health and safety of consumers the family in the education of children, within the framework of the education community, and and users, as also the defence of their rights and legitimate interests. shall, moreover, facilitate and encourage access to extra-curricular educational activities. 2. The public authorities shall guarantee the existence of mediation and arbitration instruments 4. The public authorities shall foster quality scientific investigation and research, artistic in the field of consumption, promote awareness and use of these instruments, and provide creativity, and the conservation and the dissemination of the cultural heritage of Catalonia. support to consumers and user associations. 5. The public authorities shall take the necessary action to enable all individuals to have access to culture, to cultural goods and services, and to the cultural, architectural, historical, industrial ARTICLE 50. PROMOTION AND DISSEMINATION OF CATALAN and artistic heritage of Catalonia. 1. The public authorities shall protect Catalan in all fields and sectors and shall encourage knowledge, and use and dissemination of Catalan. These principles shall also be applied to ARTICLE 45. SOCIO-ECONOMIC MATTERS Aranese. 1. The public authorities shall adopt the measures necessary to advance the economic and 2. The Government, universities and further education institutions, in their respective areas of social progress of Catalonia and its citizens, based on the principles of solidarity, cohesion, influence, shall adopt the relevant measures to guarantee the use of Catalan in all teaching, sustainable development and equal opportunities. non-teaching and research activities. 2. The public authorities shall promote a more equitable distribution of personal and territorial 3. Policies for the promotion of Catalan shall be implemented throughout the whole of Spain, the wealth within the framework of a Catalan welfare system. European Union and the rest of the world. 3. The public authorities shall adopt the measures necessary to guarantee the labour and trade 4. The public authorities shall take steps to ensure that the information contained in labels, union rights of workers, and shall advance and promote their participation in companies and in packaging and instructions for use of products distributed in Catalonia are printed at least in policies of full employment, increased job stability, employee training, occupational risk Catalan. prevention, occupational health and safety, the creation of decent conditions in the workplace, 5. The Generalitat, the local administration and other public corporations in Catalonia, any non-discrimination for reasons of gender and the guarantee of necessary rest periods and paid institutions and companies accountable to them and the franchisees of their services, shall use holidays. Catalan for their internal business and in relations amongst themselves. They shall also use it in 4. The Generalitat shall promote the creation of a Catalan labour relations environment, communications and notifications addressed to natural or legal persons resident in Catalonia, established according to the specific productive and business reality of Catalonia and of the without prejudice to citizen rights to receive communications in Castilian should they wish. social agents of Catalonia, in which the trade unions, employer organisations and the 6. The public authorities shall guarantee the use of and conditions of Administration of the Generalitat shall be represented. Within this framework, the public equality for deaf people who choose to use this language, which shall be the subject of authorities shall foster the practice of social dialogue, agreement, collective bargaining, out-of- education, protection and respect. court resolution of labour disputes and participation in the development and improvement of the 7. Spain, in accordance with the Constitution, shall support the application of the principles productive fabric. established in this article. The instruments for coordination and, where necessary, for combined 5. TheGeneralitat shall encourage the development of business activity and shall foster an action, shall be established to make these principles more effective. entrepreneurial spirit, taking into account the social responsibilities of companies, free enterprise and conditions of competitiveness, and shall in particular, protect the productive economy and the activity of independent entrepreneurs and of small and mediumsized ARTICLE 51. COOPERATION IN THE PROMOTION OF PEACE AND COOPERATION enterprises. The Generalitat shall foster the activities of cooperatives and labour associations FOR DEVELOPMENT and shall stimulate social economy initiatives. 1. The Generalitat shall promote a culture of peace and shall foster actions that foster peace 6. Trade unions and employer organisations shall participate in the definition of public policies throughout the world. affecting them. The Generalitat shall promote mediation and arbitration for the resolution of 2. The Generalitat shall implement actions and policies of cooperation for the development of conflicts of interest between social agents. peoples and shall establish programmes of emergency humanitarian aid. 7. Professional organisations and public law bodies representing economic and professional interests and third sector associations shall be consulted in the definition of public policies ARTICLE 52. SOCIAL MEDIA affecting them. 1. The public authorities shall have the authority to promote conditions that guarantee the right 8. The Generalitat, taking into consideration the social, cultural and economic promotion to information, and moreover, the right to receive from the media information that is accurate functions of savings banks, shall protect institutional autonomy and shall promote the social and content that respects personal dignity and political, social, cultural and religious pluralism. contribution of these entities to the economic and social strategies of the different territories of In the case of publicly owned media, the information provided shall also be neutral. Catalonia. 2. The public authorities shall promote conditions that guarantee access without discrimination to audiovisual services in Catalonia. ARTICLE 46. THE ENVIRONMENT, SUSTAINABILITY AND TERRITORIAL BALANCE 1. The public authorities shall ensure the protection of the environment through the adoption of ARTICLE 53. ACCESS TO INFORMATION AND COMMUNICATIONS TECHNOLOGIES public policies based on sustainable development and on collective and intergenerational solidarity. 1. The public authorities shall facilitate knowledge of the information society and shall promote access to the communications and information technologies, in conditions of equality and in all 2. Environmental policies shall be particularly directed at the reduction of different types of areas of society, including the workplace; they shall, moreover, encourage the use of these pollution, the setting of standards and minimum protection levels, the outlining of measures for technologies in the service of all people, ensuring that they do not negatively affect any citizen’s the correction of environmental damage, the sensible use of natural resources, the prevention rights, and shall, moreover, guarantee the provision of services based on these technologies, in and control of erosion and atmospheric and climatic alterations, and at respect for the principles accordance with the principles of universality, continuity and modernisation. of environmental protection, conservation of natural resources, responsibility, ecological control 2. The Generalitat shall promote training, research and innovation in the use of technologies so and recycling and reuse of goods and products. that the opportunities for progress offered by the knowledge and information society may 3. The public authorities shall create conditions for the preservation of nature and biodiversity, contribute to improved social welfare and cohesion. promote the integration of environmental objectives into sectoral policy, and establish conditions in which all individuals can enjoy the natural heritage and landscape. 4. The public authorities shall ensure economic and territorial cohesion by applying policies ARTICLE 54. HISTORICAL MEMORY ensuring special treatment for mountain zones, the protection of the landscape and of the 1. TheGeneralitat and the other public authorities of Catalonia shall work for the knowledge and coastline, the promotion of , livestock farming and forestry activity, and a balanced the maintenance of the historical memory of Catalonia as the common heritage of its people, distribution of productive sectors, services of general interest and communication networks bearing witness to their resistance and the fight for democratic freedoms and national and throughout the territory. social rights. To this end, they shall adopt the institutional initiatives necessary for the CATALONIA TODAY 20 ESTATUT THURSDAY, NOVEMBER 3, 2005 recognition and rehabilitation of all those citizens who have suffered persecution as a quarter of the members of Parliament, or at the request of parliamentary groups or members of consequence of their defence of the democracy and Catalan self-government. Parliament that represent an absolute majority. Parliament also meets for extraordinary sessions 2. The Generalitat shall strive to make its historical memory a permanent symbol of tolerance, of at the request of the President of the Generalitat. Extraordinary sessions are called with a the dignity of democratic values, of the rejection of totalitarianism and of recognition of all specific agenda and are adjourned when this has been dealt with. individuals who have suffered persecution as a consequence of personal, ideological or 2. Plenary sessions are public, except in the situations established by Parliamentary Regulation. conscientious choices. 3. For Parliament to adopt valid agreements, the absolute majority of deputies must be present. Agreements are valid if they have been approved by a simple majority of deputies present, TITLE II. INSTITUTIONS without prejudice to the special majorities establishe by this Estatut, by law or by Parliamentary Regulation. CHAPTER I. THE PARLIAMENT ARTICLE 55. GENERAL PROVISIONS ARTICLE 61. FUNCTIONS 1. The Parliament represents the people of Catalonia. In addition to the functions established in Article 55, it is also incumbent on the Parliament of 2. The Parliament exercises legislative power, approves the budgets of the Generalitat and Catalonia: controls and promotes political and government action. It is the seat where pluralism is expressed as a matter of preference and where political debate is made public. a) To designate Senators to represent the Generalitat in the Senate. This designation shall be made through a specific sitting convened for this purpose, proportional to the number of 3. Parliament is inviolable. deputies in each parliamentary group. b) To draft bills for presentation to the Presiding Council of the and to ARTICLE 56. ELECTORAL COMPOSITION AND SYSTEM nominate the deputies of the Parliament charged with defending these bills. 1. Parliament consists of a minimum of one hundred and a maximum of one hundred and fifty c) To request the adoption of bills by the Spanish Government. members, elected for a term of four years by universal, free, equal, direct and secret suffrage, in d) To request the transfer or delegation of competences and the attribution of faculties from the accordance with this Estatut and with electoral legislation. Spanish Government, within the framework of Article 150 of the Constitution. 2. The electoral system is a proportional representation system which shall ensure adequate e) To lodge appeals on the grounds of unconstitutionality and to appear before the representation of all areas of the territory of Catalonia. Electoral administration is independent Constitutional Court in other constitutional procedures, in accordance with the Organic Law of and guarantees transparency and objectivity in the electoral process. The electoral regime is the Constitutional Court. regulated by an Act of Parliament approved by a final vote on the full text by a majority of two thirds of the members of Parliament. f) Any other functions attributed to it by this Estatut and by the law. 3. In accordance with electoral legislation, citizens of Catalonia who have full use of their civil and political rights are electors and are eligible to stand for election. The electoral law of ARTICLE 62. LEGISLATIVE INITIATIVE AND THE EXERCISE OF LEGISLATIVE Catalonia shall establish parity criteria between women and men in creating electoral lists. FUNCTION 4. Fifteen days before the end of the legislature, the President of the Generalitat shall call for an 1. Deputies, parliamentary groups and the Government have the right to initiate legislation. election, to be held within forty to sixty days. Under the terms established by the law of Catalonia, this right also lies with the citizens, by means of popular legislative initiative, and with the representative bodies of the supramunicipal ARTICLE 57. LEGAL STATUS OF MEMBERS OF PARLIAMENT bodies of the territorial organisation of Catalonia as established by this Estatut. 1. Members of Parliament are inviolable with regard to their votes and any opinions they may 2. The laws governing the areas covered by Articles 2.3, 6, 37.2, 56.2, 67.5, 68.3, 77.3, 81.2 express in carrying out their duties. During their term in office, they have legal immunity unless and 94.1 are laws concerning basic development of this Estatut. Approval, modification and arrested in the act of committal. They may not be charged or brought to trial without the repeal of these laws requires votes in favour from the absolute majority of the parliamentary authorisation of Parliament. plenum in a final vote on the full text, except where the Estatut establishes another voting system. 2. In lawsuits against members of Parliament, the competent authority is the High Court of Justice of Catalonia. Outside the territory of Catalonia, penal responsibility shall be claimed on 3. The parliamentary plenum may delegate the processing and approval of legislative initiatives the same terms before the Criminal Division of the Supreme Court. to standing legislative committees. This delegation may be revoked at any time. Matters that may not be delegated to the committees include the reform of the Estatut, the basic 3. Members of Parliament are not bound by imperative mandate. development laws, the budget of the Generalitat, and laws of legislative delegation to the Government. ARTICLE 58. PARLIAMENTARY AUTHORITY 1. Parliament has organisational, financial, administrative and disciplinary autonomy. ARTICLE 63. DELEGATION OF LEGISLATIVE POWER TO THE GOVERNMENT 2. Parliament drafts and approves its regulations and its budget and establishes the legal status 1. Parliament may delegate the power to pass rules of legal scope to the Government. of its staff. Government regulations consisting of delegated legislation are termed legislative decrees. 3. Approval or reform of Parliamentary Regulation takes place in the parliamentary plenum and Matters that may not be subject to legislative delegation include the reform of the Estatut, the requires an absolute majority of deputy votes in favour in a final vote on the full text. basic development laws -with the exception of the delegation of the establishment of a redrafted text -, the basic regulation and direct development of the rights recognised in the Estatut and in the Charter of Rights and Obligations of the Citizens of Catalonia, and the budget of the ARTICLE 59. ORGANISATION AND OPERATION Generalitat. 1. The Parliament has a President and a Presiding Council elected by the plenum. Their election 2. Legislative delegation may only be made to the Government. Delegation shall be by law, and functions are governed by Parliamentary Regulation. explicit and govern a specific matter, and the time period within which it may be applied must be 2. The Parliamentary Regulation establishes the rights and the obligations of the deputies, determined. Delegation shall cease when the Government publishes the corresponding requirements for the formation of parliamentary groups, the intervention of these groups in the legislative decree or when the Government returns to session. exercise of parliamentary functions, and the powers of the Board of Spokespersons. 3. In matters of authorising the Government to write a new articled text, the delegation laws 3. Parliament functions in plenary sessions and in committees. parliamentary groups participate shall lay down the bases for the Government to apply in the exercise of legislative delegation. In in all committees in numbers proportional to their representation in Parliament. matters of authorising the Government to redraft legal texts, the law shall determine both scope 4. Parliament has a standing committee, presided over by the President of Parliament and and criteria. consisting of the number of members determined by parliamentary legislation, in proportion to 4. Control of delegated legislation is governed by Parliamentary Regulation. The delegation laws parliamentary group representation. The standing committee assumes parliamentary powers may also establish a special control system for legislative decrees. when Parliament is not in session, in the periods between sessions when the parliamentary mandate has ended, and when Parliament has been dissolved. At the end of a legislature or on dissolution of Parliament, the mandate of the members of Parliament who form the standing ARTICLE 64. DECREE LAWS committee is extended until a new Parliament is constituted. 1. In the case of extraordinary and urgent necessity, the Government may approve provisional 5. Public office holders and staff in the employ of public administration bodies which operate in legal dispositions in the form of decree laws. Matters that may not be subject to decree laws Catalonia are obliged to appear before Parliament when required. include the reform of the Estatut, the basic development laws, basic regulation and the direct development of rights recognised in the Estatut and in the Charter of Rights and Obligations of 6. Parliament may create committees of investigation into any matter of public relevance or of interest to the Generalitat. Persons summoned to appear before committees of investigation are the Citizens of Catalonia, and the budget of the Generalitat. obliged to do so, in accordance with the procedures and guarantees established 2. Decree laws shall be repealed if within thirty days (a period which may not be extended) byParliamentary Regulation. Sanctions for non-fulfilment of this obligation shall be dictated by following approval of the decree law, these are not specifically validated by Parliament following law. a debate and a full vote. 7. Individual and group petitions addressed to Parliament shall be governed by Parliamentary 3. Parliament may process decree laws as draft bills using emergency procedures, in Regulation. Mechanisms for citizen participation in the exercise of parliamentary functions shall accordance with the terms established in Section 2 above. also be established. ARTICLE 65. LEGISLATION APPROVAL AND PUBLICATION ARTICLE 60. SYSTEM OF MEETINGS AND SESSIONS The laws of Catalonia are approved, in the name of the King, by the President of the 1. Parliament meets annually in two ordinary periods of sessions established by Parliamentary Generalitat, who orders their publication in the Official Gazette of the Regulation. Parliament may meet in extraordinary sessions outside the ordinary session within fifteen days, and in the Official Gazette of the Spanish State. The date of publication in periods.Extraordinary parliamentary sessions are called by the President of Parliament with the the Official Gazette of the Generalitat de Catalunya prevails in regard to date of entry into force. agreement of the standing committee, acting on the proposal of three parliamentary groups or a The official version in Castilian is the translation produced by the Generalitat. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 21

ARTICLE 66. REASONS FOR TERMINATION OF LEGISLATURE without prejudice to the functions of the local administration. The legislature ends due to expiry of the term of office once four years have passed since the 2. The Administration of the Generalitat shall objectively serve the general interest and shall date of the elections. The legislature may also end early if the investiture of the President of the fully submit to the law. Generalitat fails to take place or if early dissolution has been agreed to by the President of the 3. The Administration of the Generalitat shall act according to the principles of coordination and Generalitat. comprehensive application, in order to guarantee the integration of public policy. 4. The Administration of the Generalitat, in accordance with the principle of transparency, shall CHAPTER II. THE PRESIDENT OF THE GENERALITAT make public the information necessary to enable citizens to evaluate its management. ARTICLE 67. ELECTION, NOMINATION, PERSONAL STATUS, CESSATION AND 5. The Administration of the Generalitat exercises its functions in the territory of Catalonia in POWERS accordance with the principles of deconcentration and decentralisation. 1. The President is the highest representative of the Generalitat and directs the action of the 6. The law shall regulate the organisation of the Administration of the Generalitat and shall Government. The President also embodies the ordinary representation of Spain in Catalonia. determine in all cases: 2. The President of the Generalitat is elected by Parliament from among its members. The a) The types of functional decentralisation and the various forms of public and private limitation of terms of office may be determined by law. personification that the Administration of the Generalitat may adopt. 3. If after two months from the first investiture vote no candidate has been elected, Parliament b) The forms of organisation and management of public services. shall be automatically dissolved and the President of the Generalitat shall call immediate elections, to take place within forty to sixty days. c) The action of the Administration of the Generalitat in the field of private law, and also the participation of the private sector in the execution of public policy and the provision of public 4. The President of the Generalitat is appointed by the King. The proposal for nomination is services. countersigned by the President of the Parliament and by the President of the Spanish Government. 7. The legal status of staff in the employ of the Administration of the Generalitat shall be regulated by law, including rules concerning incompatibility, the guarantee of training and 5. The legal status of the President of the Generalitat is regulated by an Act of Parliament. For updating knowledge, and the necessary praxis for the exercise of public functions. the purposes of precedent and protocol in Catalonia, the President of the Generalitat has a pre- eminent position immediately after the King. 6. As the ordinary representative of Spain in Catalonia, the President has authority to: ARTICLE 72. CONSULTATIVE BODIES OF THE GOVERNMENT a) To pass, in the name of the King, laws, legal decrees and legislative decrees in Catalonia and 1. The Legal Advice Commission is the highest consultative body of the Government. Is to order their publication. composition and functions are regulated by an Act of Parliament. b) To order the publication of appointments to the institutional offices of the Spanish 2. The Economic, Social and Work Council of Catalonia is the consultative and assessment Government in Catalonia. body of the Government in socio-economic, employment and labour matters. Its composition c) To request the collaboration of any Spanish Government authorities that exercise public and functions are regulated by an Act of Parliament. functions in Catalonia. d) Any other functions determined by law. CHAPTER IV. RELATIONS BETWEEN PARLIAMENT AND GOVERNMENT 7. The office of President of the Generalitat ends due to renewal of Parliament following ARTICLE 73. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE GOVERNMENT elections, the passing of a motion of censure or a vote of no confidence, death, permanent TOWARDS PARLIAMENT physical or mental invalidity recognised by Parliament and making the President unfit for office, and on being convicted of an offence that leads to a custodial sentence, which implies 1. The President and the ministers of the Generalitat have the right to attend and speak at automatic disqualification from holding any public office. meetings of the plenum and of parliamentary committees. 8. The First Minister, if there is one, or the Minister responsible for deciding the law replaces and 2. The Parliament may request the Government and its members to provide it with the substitutes the President of the Generalitat in the event of absence, illness, or cessation due to information it considers necessary for the exercise of its functions. It may also request the invalidity or death. This replacement and substitution shall not, under no circumstances imply, presence of the Government at plenary sessions and in parliamentary committee meetings, exercise of the functions of the President in the presentation of a vote of no confidence, the under the terms established by Parliamentary Regulation. designation and cessation of Ministers, or the early dissolution of Parliament. 9. The President of the Generalitat may, in cases where no First Minister has been appointed, ARTICLE 74. POLITICAL RESPONSIBILITY OF THE GOVERNMENT AND ITS temporarily delegate executive functions to another Minister. MEMBERS 1. The President and the ministers of the Generalitat must answer politically to Parliament in the CHAPTER III. THE GOVERNMENT AND THE ADMINISTRATION OF THE interests of all, without prejudice to the direct responsibility of each. GENERALITAT 2. The delegation of the functions of the President of the Generalitat does not exempt him or her SECTION ONE. THE GOVERNMENT from political responsibility before the Parliament. ARTICLE 68. FUNCTIONS, COMPOSITION, ORGANISATION AND CESSATION

1. The Government is the superior collegiate body that directs political action and the ARTICLE 75. EARLY DISSOLUTION OF PARLIAMENT Administration of the Generalitat. It exercises executive functions and regulatory power in accordance with this Estatut and the law. The President of the Generalitat, on her or his own exclusive responsibility and with the prior deliberation of the Government, may dissolve Parliament. This power may not be exercised if a 2. The Government consists of the President of the Generalitat, the First Minister, if appropriate, vote of no confidence is in progress or if a minimum of one year has not passed since previous and the ministers. dissolution using this procedure. The decree of dissolution shall call for new elections, which 3. A law shall regulate the organisation, functions and powers of the Government. shall take place within forty to sixty days after the date of publication of the decree in the 4. Government is suspended when the office of the President of the Generalitat terminates. Official Gazette of the Generalitat de Catalunya. 5. All acts, general regulations and rules proceeding from the Generalitat shall be published in the Official Gazette of the Generalitat de Catalunya. This publication is sufficient for all purposes for the validity of acts and for the entry into force of general regulations and rules. CHAPTER V. OTHER INSTITUTIONS OF THE GENERALITAT SECTION ONE. THE COUNCIL OF STATUTORY GUARANTEES ARTICLE 69. THE FIRST MINISTER ARTICLE 76. FUNCTIONS The President of the Generalitat may, by decree, appoint a First Minister. An account of said 1. The Council of Statutory Guarantees is the institution of the Generalitat responsible for appointment shall be given to Parliament. The First Minister is a member of the Government. ensuring that the regulations of the Generalitat comply with this Estatut and the Constitution, The First Minister, in accordance with the law, has functions proper to the office, in addition to under the terms established in Section 2 below. those delegated by the President of the Generalitat. 2. The Council of Statutory Rights may pass judgment, under the terms established by law, in the following cases: ARTICLE 70. PERSONAL STATUS OF THE MEMBERS OF THE GOVERNMENT a) Adaptation to the Constitution of draft bills and proposals for reform of the Statute of 1. The President and the ministers of the Generalitat may not be arrested or detained during Autonomy of Catalonia, prior to their approval by Parliament. their term of office for presumed criminal offences committed in Catalan territory unless in the b) Adaptation to this Estatut and to the Constitution of draft bills and proposals submitted for act of committal. debate and approval by the Parliament and of legal decrees submitted ratification by 2. The High Court of Justice of Catalonia has the authority to decide on the indictment, Parliament. prosecution and trial of the President of the Generalitat and its ministers. Outside the territory of c) Adaptation to this Estatut and to the Constitution of draft legislative decrees approved by the Catalonia, penal responsibility is demanded on the same terms before the Criminal Division of Government. the Supreme Court. d) Adaptation, of draft bills and proposals and of draft legislative decrees approved by the Government, to local autonomy under the terms guaranteed by this Estatut. SECTION TWO. THE ADMINISTRATION OF THE GENERALITAT 3. The Council of Statutory Guarantees shall pass judgement prior to the lodging of appeals of ARTICLE 71. GENERAL PROVISIONS AND PRINCIPLES OF ORGANISATION AND unconstitutionality by Parliament or Government, prior to the lodging of claims of conflict of OPERATION powers by the Government, and prior to the lodging of claims of conflict of powers in defence of 1. The Administration of the Generalitat is the organisation that exercises the executive local autonomy before the Constitutional Court. functions attributed by this Estatut to the Generalitat. It embodies the role of ordinary state 4. The judgements of the Council of Statutory Rights in relation to draft bills and proposals of administrative body in accordance with the conditions laid down in this Estatut and the law, the Parliament that develop or affect the rights recognised in this Estatut, are binding in nature. CATALONIA TODAY 22 ESTATUT THURSDAY, NOVEMBER 3, 2005

ARTICLE 77. COMPOSITION AND OPERATION ARTICLE 84. LOCAL POWERS 1. The Council of Statutory Rights is composed of members appointed by the President of the 1. This Estatut guarantees a set of core powers for municipalities that shall be exercised by Generalitat from among jurists of recognised authority. Two thirds of the members of the Council these bodies with full autonomy, subject only to are proposed by Parliament by a majority of three-fifths of the deputies and a third are proposed controls of constitutionality and legality. by the Government. 2. The local governments of Catalonia have in all cases their own spheres of power in the 2. The Council of Statutory Guarantees shall elect a President from among its members. following matters: 3. An Act of Parliament regulates the composition and functioning of the Council of Statutory a) Territorial planning and management, town planning and planning restrictions, and the Guarantees, the status of its members, and the procedures relating to the exercise of its conservation and maintenance of local public property. functions. The authority of the Council of Statutory Guarantees to pass judgement, as b) The planning, programming and management of public housing and participation in the established by this Estatut, may be extended by law, without these being attributed with a planning of subsidised housing for municipal lands. binding character. c) The planning and provision of basic services to the community. 4. The Council of Statutory Guarantees has organic, functional and budgetary autonomy in accordance with the law. d) The regulation and management of municipal services. e) The regulation of conditions of safety for activities organised in public spaces and in public venues, and the coordination of the various bodies and forces present in the SECTION TWO. THE OMBUDSPERSON through the Board of Security. ARTICLE 78. FUNCTIONS AND RELATIONS WITH OTHER SIMILAR INSTITUTIONS f) Civil protection and fire prevention. 1. The Ombudsperson has the function of protecting and defending the rights and freedoms g) The planning, arrangement and management of infant education, participation in the process recognised in the Constitution and in this Estatut. To this end, he or she exclusively oversees of enrolment in public and subsidised education centres within the municipal area, and control the activity of the Administration of thelinked to and answerable to the Generalitat, that of any over the use of public centres outside school hours and the school calendar. public or private bodies Generalitat, that of private companies that manage public services and h) Traffic and mobility services and the management of municipal public transport. carrying out activities of general or universal interest or equivalent activities in a publicly- subsidised or indirect way, and that of persons with a contractual relationship with the public i) The regulation of the establishment of authorisations and promotions of all types of economic administrations. In addition, he or she oversees the activity of the local administration in activity, especially those related to trades, crafts and , and which increase employment. Catalonia and of the private or public bodies accountable to it. Ombudsperson control may also j) The formulation and the management of policies for the protection of the environment and extend to the Administration of the Spanish Government in Catalonia, under the terms sustainable development. established by the cooperation agreements with the Ombudsperson of the Spanish k) The regulation and management of sports and leisure facilities and the promotion of Government. activities. 2. The Ombudsperson may request power of judgement from the Council of Statutory Rights in l) The regulation of the establishment of telecommunications infrastructures and the provision of relation to draft bills and proposals subject to debate and approval by Parliament, when these telecommunications services. regulate the rights recognised in this Estatut. m) The regulation and provision of care services, public primary care services and immigrant 3. The Ombudsperson may establish collaborative relations with the local citizen reception policies. Ombudspersons and other similar figures created in the public and private sphere. n) The regulation, management and supervision of activities and use of beaches, rivers, lakes 4. The public administration in Catalonia and other entities and individuals referred to in Section and mountains. 1 above are obliged to cooperate with the Ombudsperson. The sanctions and mechanisms 3. In matters referred to in Section 2 above, the distribution of administrative responsibilities intended to guarantee the fulfilment of this obligation shall be regulated by law. between different local administrations shall take into account management capacities and shall be governed by Parliament, in line with the principle of subsidiarity, in accordance with the ARTICLE 79. DESIGNATION AND STATUS OF THE OMBUDSPERSON European Charter of Local Self-Government, with the principle of differentiation, in line with the 1. The Ombudsperson is elected by Parliament by a majority of threefifths of its members. characteristics presented by municipal reality, and according to the principle of financial capacity. 2. The Ombudsperson exercises his or her functions with impartiality and autonomy, is inviolable in regard to any opinions expressed in carrying out his or her duties, is immovable, and may 4. The Generalitat shall determine and establish the mechanisms for financing new services only be removed from office or suspended for the reasons established by law. developed from an expansion in the sphere of power of local government. 3. The personal status of the Ombudsperson, incompatibilities, reasons for cessation, organisation and powers of the institution shall be regulated by law. The Ombudsperson has ARTICLE 85. THE COUNCIL OF LOCAL GOVERNMENTS regulatory, organisational, functional and budgetary autonomy in accordance with the law. The Council of Local Governments is the representative body for municipalities and vegueries in the institutions of the Generalitat. The Council shall be heard in parliamentary proceedings for SECTION THREE.THE AUDIT OFFICE legislative initiatives that specifically affect local administrations, as also in proceedings for plans and regulatory rules of the same nature. An Act of Parliament regulates the composition, ARTICLE 80. FUNCTIONS AND RELATIONS WITH THE ACCOUNTS TRIBUNAL organisation and functions of the Council of Local Governments. 1. The Audit Office is the external regulatory agency for the finances, economic management and efficiency of the Generalitat, local bodies and the remainder of the public sector in Catalonia. SECTION TWO. THE MUNICIPALITY 2. The Audit Office depends organically on Parliament, exercises its functions by parliamentary ARTICLE 86. THE MUNICIPALITY AND MUNICIPAL AUTONOMY delegation, and has full organisational, functional and budgetary autonomy, in accordance with 1. The municipality is the basic local level of territorial organisation in Catalonia and the main the law. channel for participation of the local community in public affairs. 3. The Audit Office and the Accounts Tribunal shall, by means of an agreement, establish 2. Municipal government and administration are effected by Municipal Councils, composed of a cooperative relations. This agreement shall establish the participation mechanisms in judicial or Mayoress and municipal councillors. The requirements for the application of an open procedures in regard to accountability. council system shall be established by law. 3. The municipality is guaranteed, in this Estatut, the necessary autonomy for the exercise of its powers and the defence of the interests of the people it represents. ARTICLE 81. COMPOSITION, OPERATION AND LEGAL STATUS 4. Acts and the agreements adopted by the municipalities may not be subject to controls of 1. The Audit Office is composed of auditors designated by Parliament by a majority of three- appropriateness by any other administration. fifths of its members. The chief auditor is elected from among the auditors. 5. The Generalitat has the authority to adapt, to the legal system, any acts and agreements 2. Legal status, incompatibilities, reasons for cessation, and organisation and the functioning of adopted by municipalities and, if appropriate, the make the corresponding challenge before the the Audit Office shall be regulated by law. contentious-administrative courts, without prejudice to any actions which the Spanish Government may take in defence of its powers. SECTION FOUR. REGULATION OF THE CATALAN BROADCASTING COUNCIL 6. Municipal councillors are elected, by the residents of the municipalities, through a system of ARTICLE 82. THE CATALAN BROADCASTING COUNCIL universal, equal, free, direct and secret suffrage. The Catalan Broadcasting Council is an independent regulatory authority in the field of public 7. Concentrations of populations within a municipality forming separate nuclei may create and private audiovisual communication. The Catalan Broadcasting Council is fully independent decentralised municipal entities. The law shall guarantee their decentralisation and sufficient from the Government of the Generalitat in carrying out its functions. The criteria for election of capacity to carry out the activities and provide the services that come within the scope of their its members and its specific fields of action shall be established by an Act of Parliament. powers.

CHAPTER VI. LOCAL GOVERNMENT ARTICLE 87. PRINCIPLES OF ORGANISATION AND OPERATION AND REGULATORY POWER SECTION ONE. LOCAL TERRITORIAL ORGANISATION 1. The municipalities have full capacity for self-organisation within the framework of the general ARTICLE 83. ORGANIZATION OF LOCAL GOVERNMENT IN CATALONIA provisions established by law in matters of municipal organisation and operation. 1. The territorial organisation of Catalonia is based on municipalities and vegueries. 2. The municipalities have the right to associate with other municipalities and to cooperate with 2. The supramunicipal area is constituted, in all cases, by comarques,which shall be regulated each other and with other public bodies to exercise their responsibilities and to carry out other by an Act of Parliament. tasks in the common interest. To this effect, they may enter into agreements and create and 3. Any other supramunicipal bodies created by the Generalitat shall be based on the participate in Mancomunitats, consortia or associations, and may also adopt other forms for municipalities’ desire for collaboration and association. joint action. The law may not restrict this right unless to guarantee the independence of other CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 23 bodies recognised by law. courts situated within the territory of Catalonia, and, where appropriate, in cases of exceptional 3. As an expression of the democratic principle on which they are based, the municipalities have review procedures, before the High Court of Justice of Catalonia, without prejudice to the regulatory powers governing their sphere of influence and in other spheres where their appeal for unification of doctrines as established by the law governing the jurisdiction of the autonomy is of relevance. Supreme Court. 3. The High Court of Justice of Catalonia has exclusive authority to

ARTICLE 88. PRINCIPLE OF DIFFERENTIATION unify the interpretation of the law in Catalonia, and also the function of annulment in matters of Spanish law, with the exception, in the latter, of the function of unification of doctrine reserved to The laws affecting the judicial, organic, functional, jurisdictional and financial system of the the Supreme Court. municipalities shall take into account differences in demographic, geographic, functional and organisational characteristics, as also the dimensions and the capacity for management of each 4. The High Court of Justice of Catalonia has exclusive authority to resolve extraordinary review municipality. procedures authorised by law against the final and enforceable resolutions dictated by the judicial bodies of Catalonia. 5. The President of the High Court of Justice of Catalonia is the representative of legal power in ARTICLE 89. SPECIAL REGIME FOR THE MUNICIPALITY OF BARCELONA Catalonia. He or she is nominated by the King, on the proposal of the Council of Judicial Power The municipality of Barcelona is governed by a special regime established by parliamentary law. of Catalonia, from a list of three candidates presented by the Council of Justice of Catalonia, The City Council of Barcelona has the power to propose modifications to this special regime selected from among magistrates with a minimum of fifteen years experience, five of which and, in accordance with Acts and Regulations of Parliament, shall be entitled to participate in must have been gained in Catalonia. The President of the Generalitat orders the publication of the drafting of draft bills affecting this special regime. It shall, moreover, be consulted during the this appointment in the Official Gazette of the Generalitat de Catalunya. parliamentary proceedings for other legislation initiatives affecting the special regime. 6. The Presidents of the Chamber of the High Court of Justice of Catalonia are appointed on the proposal of the General Council of Judicial Power, from among the three candidates proposed SECTION THREE. THE by the Council of Justice of Catalonia. ARTICLE 90. THE VEGUERIA 1. The vegueria is the specific territorial area for the exercise of intermunicipal government and ARTICLE 96. THE DIRECTOR OF PUBLIC PROSECUTIONS OF CATALONIA local cooperation, and has, moreover a legal personality. The vegueria is also the geographical 1. The Director of Public Prosecutions of Catalonia is the supreme public prosecutor of the High division adopted by the Generalitat for the territorial organisation of its services. Court of Justice in Catalonia, representing the Office of the Public Prosecutor in Catalonia. 2. The vegueria, like local government, is territorial in nature and has autonomy in the 2. The Director of Public Prosecutions of Catalonia is appointed by the Spanish Government management of its interests. from a list of three candidates proposed by the Government of the Generalitat. 3. The President of the Generalitat orders the publication of the appointment of the Director of ARTICLE 91. THE COUNCIL OF THE VEGUERIA Public Prosecutions in Catalonia in the Official Gazette of the Generalitat de Catalunya. 1. The government and the autonomous administration of the vegueria is embodied by the 4. The Director of Public Prosecutions of Catalonia shall dispatch a copy of the annual report of Council of the Vegueria, formed by the President and by the councillors of the vegueria. the Public Prosecutor’s Office of the High Court of Catalonia to the Government, to the Council of Justice of Catalonia and to Parliament, and shall present said report before the latter within 2. The President of the vegueria is chosen by the councillors of the vegueria from among its six months of the date of publication. members. 5. The functions of the Director of Public Prosecutions of Catalonia are those established by the 3. The Councils of the vegueria substitute the provincial councils. The creation, modification, Organic Statute of the Office of the Director of Public Prosecutions, those determined by an Act suppression and establishment of the legal system of the vegueries is regulated by an Act of of Parliament, and those delegated to him or her. Parliament.

CHAPTER II. THE COUNCIL OF JUSTICE OF CATALONIA SECTION FOUR. THE AND THE OTHER SUPRAMUNICIPAL LOCAL GOVERNMENT UNITS ARTICLE 97. THE COUNCIL OF JUSTICE OF CATALONIA ARTICLE 92. THE COMARCA The Council of Justice of Catalonia is the body governing judicial power in Catalonia. It acts as a deconcentrated body of the Council of Judicial Power, without prejudice to the powers of the 1. The comarca is a local entity with a legal personality. It is formed by municipalities for the latter. purpose of managing local powers, responsibilities and services. 2. The creation, modification, suppression and establishment of the legal system of the comarques is regulated by an Act of Parliament. ARTICLE 98. ATTRIBUTES 1. The powers of the Council of Justice are those established in this Estatut, in the Organic Law of Judicial Power, in the laws approved by Parliament, and shall include, if necessary, powers ARTICLE 93. OTHER SUPRAMUNICIPAL LOCAL GOVERNMENT UNITS delegated by the Council of Judicial Power. The other supramunicipal local government units are based on the desire for collaboration and 2. The powers of the Council of Justice of Catalonia with respect to jurisdictional entities located association between municipalities and on the recognition of metropolitan areas. The creation, in Catalan territory are, in all cases, the following: modification, suppression and establishment of the legal system of these units is regulated by an Act of Parliament. a) To propose, to the Council of Judicial Power, nominations for the Head of the High Court of Justice of Catalonia and for the chief magistrates of the High Court and of the Provincial Courts. b) To propose nomination and cessation of judges and magistrates temporarily incorporated into CHAPTER VII.THE INSTITUTIONAL ORGANISATION OF L’ARAN the judicial system for the purposes of assistance, support or substitution, and also to determine ARTICLE 94. LEGAL SYSTEM the appointment of these judges and magistrates to any judicial bodies that require 1. L’Aran has a special legal system established by Act of Parliament. The specific nature of the reinforcement. institutional and administrative organisation of L’Aran is recognised by this legislation, which c) To instruct proceedings and to impose sanctions for minor and grave misconduct committed guarantees autonomy in organising and managing the public affairs of this territory. by judges and magistrates, and to have knowledge of the appeal process for sanctions imposed 2. The institution of government of L’Aran is the Conselh Generau, which consists of the Síndic, by internal administration bodies. the Plen des Conselhèrs e Conselhères Generaus and the Comission d’Auditors de Compdes. d) To participate in the planning of the inspection of courts and tribunals, to order their The Síndic is the highest and ordinary representation of the Generalitat in L’Aran. inspection and monitoring, to make proposals in this field, to carry out orders of inspection of 3. The government of L’Aran is elected by universal, equal, free, direct and secret suffrage, in courts and tribunals issued by the Government, and to give an account of the resolution and the the form established by law. measures adopted. 4. The Conselh Generau has powers over matters determining the law regulating the special e) To resolve any appeals lodged against agreements of the Governing Body of the High Court regime in L’Aran and the remainder of the laws approved by Parliament and has, moreover, the of Justice of Catalonia, as also other governing bodies of the tribunals and courts of Catalonia. powers attributed to it by law, in particular in actions relating to the mountains. L’Aran, through f) To develop and, where appropriate, apply the rulings of the General Council of Judicial Power its representative institution, shall participate in the elaboration of legislative initiatives affecting in Catalan territory. its special regime. g) To provide information on proposals for revision, delimitation and modification of territorial 5. A parliamentary law establishes that the Conselh Generau shall have sufficient financial demarcations for the jurisdictional bodies, as also on proposals for the creation of chambers resources to be able to provide those services that fall within its sphere of influence. and courts. h) To present an annual report to Parliament on the status and the functioning of the justice TITLE III. JUDICIAL POWER IN CATALONIA authorities in Catalonia. CHAPTER I. THE HIGH COURT OF JUSTICE AND THE DIRECTOR OF PUBLIC i) To verify the legality of agreements of the Governing Body, of the chief magistrates of the PROSECUTIONS OF CATALONIA tribunals, audiences and courts, of the committees of judges, and of senior judges. ARTICLE 95. THE HIGH COURT OF JUSTICE OF CATALONIA j) All of the functions attributed to it by the Organic Law of Judicial Power and parliamentary 1. The High Court of Justice of Catalonia is the supreme jurisdictional body of the legal system laws, and those delegated to it by the General Council of Judicial Power. in Catalonia and it is competent, under the terms established by the corresponding organic law, 3. The resolutions of the Council of Justice of Catalonia in matters of nominations, in its knowledge of the resources and the procedures of the different jurisdictional orders, as authorisations, licences and permits shall be adopted in accordance with the criteria approved also for protecting the rights recognised in this Estatut. In all cases, the High Court of Justice of by regulations issued by the General Council of Judicial Power. Catalonia is competent in the areas of civil, penal, litigation, social and mercantile law and in 4. The Council of Justice of Catalonia shall notify, through its President, the Council of Judicial other areas of law which may be created in the future. Power in regard to resolutions dictated and initiatives undertaken and shall, moreover provide 2. The successive instances of court proceedings initiated in Catalonia are completed before the any information that may be requested. CATALONIA TODAY 24 ESTATUT THURSDAY, NOVEMBER 3, 2005

ARTICLE 99. COMPOSITION, ORGANISATION AND OPERATION in the employ of the Justice Authority, including legal secretaries and forensic scientists. This 1. The Council of Justice of Catalonia is composed of the Head of the High Court of Justice of power includes, in all cases, the following functions: Catalonia, who is the chairperson, and six members, appointed for a non-renewable term of six a) To approve the offer of public employment. years by the Council of Judicial Power on the proposal of Parliament and approved by a b) To call for and resolve all selection processes and appointments to positions of employment. threefifths majority of Parliament. Three of the six members shall be judges or magistrates by c) To appoint civil servants who are successful in selection processes. profession and shall have spent at least five years practising in Catalonia. The other three shall be lawyers of recognised capacity, resident in Catalonia, with over fifteen years professional d) To provide advance and continuous training. experience. Renewal of a third of the members of the Council of Justice of Catalonia shall be e) To produce lists of employment locations. made under the terms established by law. f) To call for and resolve all processes relating to employment locations. 2. The territorial members of the Council of Judicial Power appointed in Catalonia may attend, g) To call for and decide all the processes of internal promotion. with voice but without vote, the meetings of the Council of Justice of Catalonia, on their own h) To manage staff lists, in coordination with the corresponding Spanish Government list. volition or at the request of the Council of Justice of Catalonia. i) Administration in relation to these staff, in application of their statutory and salary regime. 3. The status of the members of the Council of Justice of Catalonia is that established by law for the members of the Council of Judicial Power. j) To exercise disciplinary powers and to impose any necessary sanctions, including dismissal. 4. The Council of Justice of Catalonia approves the regulations governing internal organisation k) To exercise all the other functions necessary to guarantee the effective and efficient human and functioning. resource management in the Justice Authority. 4. The corps of non-judicial staff in the employ of the Justice Authority in Catalonia embodies the public function of the Generalitat. ARTICLE 100. CONTROL OF THE ACTS OF THE COUNCIL OF JUSTICE OF 5. The Generalitat has exclusive jurisdiction over the temporary and permanent staff in the CATALONIA employ of the Justice Authority. 1. Acts of the Council of Justice of Catalonia that affect the status of judges and magistrates, as also those adopted during the exercise of powers previously delegated by the Council of Judicial Power or attributed by law, may be challenged by appeal to the Council of Judicial ARTICLE 104. MATERIAL RESOURCES Power. 1. The Generalitat has exclusive jurisdiction over the material resources of the Justice Authority 2. The acts of the Council of Justice of Catalonia that may not be challenged by appeal before of Catalonia. the Council of Judicial Power may be challenged through the litigation law channel before the 2. The exclusive power mentioned in Section 1 above includes, in all cases: High Court of Justice of Catalonia. a) The construction and refurbishment of judicial buildings and the buildings of the Public Prosecution Service. CHAPTER III. POWERS OF THE GENERALITAT OVER THE JUSTICE AUTHORITY b) The provision of furniture and equipment for the judicial and public prosecution bodies. ARTICLE 101. PUBLIC ENTRANCE EXAMINATIONS AND COMPETITIONS c) The configuration, implantation and maintenance of information and communication systems. 1. The Generalitat proposes to the Spanish Government, the Council of Judicial Power, or the d) The management and custody of archives, exhibits and seized property, in all those matters Council of Justice of Catalonia, as appropriate, calls for public entrance examinations and that are not of a jurisdictional nature. competitions to cover magistrate, judge and public prosecutor vacancies in Catalonia. e) The management of deposit accounts and judicial deposits and their returns. 2. The Council of Justice of Catalonia convenes public entrance examinations and competitions f) The management, settlement and recovery of judicial charges. to cover judge and magistrate vacancies in Catalonia, with the agreement of the Council of Judicial Power. ARTICLE 105. JUDICIAL OFFICE, JRISDICTIONAL BODIES AND SUPPORT 3. Public entrance examinations and competitions for public prosecutor vacancies in Catalonia SERVICES are called by the Government, with the agreement of the Attorney General and the High Public Prosecutor’s Office of Catalonia. The Generalitat participates in the selection board for the The Generalitat has the authority to determine the creation, design, organisation, staffing, and examinations and in the selection committee. management of judicial offices and of support services to jurisdictional bodies, including the regulation of institutions, institutes and forensic medicine and toxicology services. 4. Examinations for public competitions and entrance examinations regulated by this article may be taken in either of the two official languages of Catalonia. ARTICLE 106. FREE JUSTICE AND ARBITRATION, MEDIATION AND CONCILIATION PROCESSES ARTICLE 102. REQUIREMENTS FOR JUDICIAL AND OTHER STAFF IN THE EMPLOY OF THE JUSTICE AUTHORITY IN CATALONIA 1. The Generalitat has exclusive responsibility for organising free legal services and free legal advice services. 1. Candidates are admitted on the basis of equal rights to the office of magistrate, judge, or public prosecutor in Catalonia. They shall demonstrate an adequate and sufficient knowledge of 2. The Generalitat may establish instruments and procedures for arbitration, mediation and Catalan to fulfil the linguistic rights of the citizens, in the form and within the scope determined conciliation in the resolution of conflicts in the matters falling under its sphere of influence. by the law. 2. Magistrates and judges who occupy a post in Catalonia shall accredit a sufficient knowledge ARTICLE 107. LEGAL DEMARCATION, ORGANISATION AND CAPITALS of Catalan law in the form and to the extent determined by law. 1. The Government of Catalonia shall propose to the Spanish Government the determination 3. Sufficient knowledge of Catalan and of Catalan law is in all cases a requirement for obtaining and review of demarcations and legal organisation in Catalonia, at least every five years and a place in the corresponding transfer competitions. with the prior report of the Council of Justice of Catalonia. This proposal, which is mandatory, 4. Legal secretaries and all staff in the service of the Justice Authority and the Public shall be included in the draft bill sent by the Government to the Spanish Parliament. Prosecution Service in Catalonia shall demonstrate the knowledge of Catalan required for staff 2. The creation of sections and courts and modifications to legal organisation that do not involve employed by the Generalitat. legislative reform are incumbent on the Government of the Generalitat, providing a prior report 5. The Council of Justice of Catalonia has the authority to verify fulfilment of the conditions is made to the Council of Justice of Catalonia. established by this article in regard to access to posts in the legal bodies, the Justice Authorities 3. The capitals of the legal territories are established by an Act of Parliament. and the Public Prosecution Service of Catalonia.

ARTICLE 108. JUSTICES OF THE PEACE AND SMALL CLAIMS ARTICLE 103. HUMAN RESOURCES 1. The Generalitat has jurisdiction over Justices of the Peace under the terms established by 1. The Generalitat has legislative power over the non-judicial staff in the employ of the Justice law. This jurisdiction, in all cases, includes the appointment of judges through the Council of Authority, including legal secretaries and forensic scientists, with no other restrictions than the Justice of Catalonia. It is also responsible for their allowances and for the provision of the respect for legal status as directly established by the Organic Law of Judicial Power. This power necessary resources for them to carry out their duties. The creation of secretarial offices and includes, in any case, the regulation of: provision of secretaries is also incumbent on the Generalitat. a) The organisation of these staff into corps and grades. 2. The Generalitat may establish by law, in the towns it determines and in accordance with the b) The selection process. provisions of the Organic Law of Judicial Power, a small claims system, with the aim of resolving minor conflicts speedily and efficiently. c) Internal promotion, initial training and continuous training. d) Appointments and promotions. ARTICLE 109. SUBROGATION CLAUSE e) Administrative situations. In addition to the powers expressly attributed to it in this Estatut, the Generalitat exercises all f) The salary regime. the functions and powers that the Organic Law of Judicial Power recognises for the Spanish g) The working day and hours. Government in relation to the Justice Authority of Catalonia. h) The planning of professional activity and functions. i) Paid and unpaid leave, holidays and incompatibilities. TITLE IV. POWERS j) Staff records. CHAPTER I. TYPES OF POWER k) The disciplinary regime. ARTICLE 110. EXCLUSIVE POWERS 2. The corps of civil servants in the service of the Justice Authority that depends on the public 1. Legislative power, regulatory power and executive power are areas where the Generalitat has function of the Generalitat shall be created by an Act of Parliament. sole, full and exclusive power, with only the limitation being respect for the basic conditions 3. The Generalitat has executive and management power in matters affecting non-judicial staff referred to in Article 149.1.1 of the Constitution. The exercise of these powers and functions, CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 25 by means of which it may establish its own policies, is the exclusive right of the Generalitat. i) Research, development, technology transfer, innovation in cultivation, agriculture and food 2. In matters of the exclusive power of the Generalitat, Catalan law is applicable to Catalan companies, as also training in these fields. territory and shall prevail over any other. j) Trade fairs and agricultural, forestry and livestock shows. 2. The Generalitat has shared power over agriculture and livestock farming planning. ARTICLE 111. SHARED POWERS In matters attributed by the Estatut to the Generalitat and which are shared with the Spanish ARTICLE 117. WATER AND HYDRAULIC WORKS Government, legislative power and the integrity of regulatory power and executive functions are 1. The Generalitat has exclusive authority in matters concerning water in intracommunity the responsibility of the Generalitat, within the framework of the principles, objectives and reservoirs, including, in all cases, the following: minimum standards established by the Spanish Government in rules of legal scope, with the a) The allocation, planning and management of surface and underground water and of the use exception of those circumstances expressly established by the Constitution or in this Estatut. and exploitation of water and hydraulic works that are not classified as of general interest. The Generalitat may establish itsown policies in the exercise of these functions. The Parliament shall specify by law the effects of the rule and the enactment of these Spanish State b) The planning and adoption of specific measures and instruments for the management and regulations. protection of water resources and any aquatic and terrestrial ecosystems associated with water bodies. c) As and when necessary, extraordinary measures to guarantee the water supply. ARTICLE 112. EXECUTIVE POWERS d) The organisation of water administration in Catalonia, including user participation. In matters for which it is attributed executive functions in this Estatut, the Generalitat has regulatory powers, which consist of the approval of enacting regulations and the execution of e) The regulation and the execution of activities related to land consolidation and irrigation Spanish State regulations dictated to establish general planning, as also the integrity of works. executive function, which in all cases includes the power of organisation in its own 2. The Generalitat has the authority to execute Spanish Government legislation concerning administration, planning and programming activities, powers of administrative intervention, public water resources and to implement and exploit works of general interest. inspection activities, powers of inspection and sanction, the distribution of subsidies, and any 3. The Generalitat shall participate in hydrological planning and in Spanish State bodies for other functions and activities that the system attributes to the public administration. managing water resources and water resource exploitation of intra-community basins. The Generalitat, within its territorial area, has executive authority, in all cases, over the following: ARTICLE 113. POWERS OF THE GENERALITAT AND EUROPEAN UNION a) All policing powers in regard to public water resources. REGULATIONS b) The adoption of protection and sanitation measures for water resources and aquatic The Generalitat has the authority to enact, apply and implement European Union regulations ecosystems. when these affect its powers, under the terms established in Title V. c) The execution and exploitation of works owned by the Spanish Government. d) The management of water resources and water exploitation installations located within ARTICLE 114. PROMOTIONAL ACTIVITY Catalan territory, in accordance with Sections 1 and 2 above. 1. The Generalitat has the authority to carry out activities of promotion in matters of its power. To 4. The Generalitat shall publish a definitive report on all proposals for transfer from basins which this end, in accordance with the provisions of the Acts of Parliament, the Generalitat may grant imply a modification of water resources in its territory. subsidies from its own funds, stating the objectives of these subsidies, regulating the conditions 5. TheGeneralitat is authorised to regulate and implement hydrological planning for water for their award, and managing processing and award. resources and water exploitation installations located in Catalan territory or those of territories 2. In matters of sole authority, the Generalitat has the authority to specify the purpose for which outside Spain that terminate in Catalonia, in accordance with the mechanisms described in Title subsidies from the Spanish Government and the European Community are to be used and also V. to regulate the conditions for granting and managing subsidies, including the process and award. Funds assigned by the Spanish Government shall considered as income proper to the ARTICLE 118. ASSOCIATIONS AND FOUNDATIONS finances of the Generalitat. 1. The Generalitat has exclusive authority over the legal system governing associations that 3. In matters of shared power, the Generalitat has the authority to specify, in the form of a carry out most of their activity in Catalonia, or associations with their headquarters in Catalonia regulation, the purpose for which subsidies from the Spanish Government and the European although they do not carry out most of their activity in Catalonia or in another Autonomous Community are to be used, and also to complete the regulation of the conditions for granting Community. This authority covers, in all cases, the following: and managing subsidies, including processing and award. a) The regulation of denomination, aims, requirements of constitution, amendment, dissolution 4. In matters of executive authority, the Generalitat has authority to manage subsidies from the and liquidation, minimum content of the articles of association, governing bodies, rights and Spanish Government and the European Community, including processing and award. obligations of members, and the obligations of associations and of associations of a special nature. ARTICLE 115. TERRITORIAL SCOPE AND EFFECTS OF POWERS b) The determination and the system of application of tax benefits for associations, declaration 1. The area of application of the powers of the Generalitat refers to the territory of Catalonia, of public utility, and the content and requirements for obtaining this declaration, with the same except in cases where specific reference is made, in this Estatut and in other legal regulations, effects as the declaration of the Spanish Government. that establish the extraterritorial effectiveness of the regulations and the acts of the Generalitat. c) The registration of associations. 2. In matters where the subject of its authority has a scope that extends beyond Catalan 2. TheGeneralitat has exclusive authority over the legal system of foundations with their territory, the Generalitat exercises its functions over the element of this subject situated in its headquarters in Catalonia although they do not carry out most of their activity in Catalonia or in territory, without prejudice to the provisions of this Estatut in relation to each matter. In cases another Autonomous Community. This authority covers, in all cases, the following: where fragmentation of public activity is impracticable, the Generalitat shall establish, in a) The regulation of denomination, aims and beneficiaries of the foundation, funding capacities, accordance with the territorial bodies having jurisdiction over the issue in question, the requirements of constitution, amendment, dissolution and liquidation, articles of association, necessary collaboration instruments for the exercise of its functions in the respective territory. endowment and foundation regime in the process of formation, board of trustees and the When this collaboration is not possible, the Spanish Government, with the agreement of the foundation supervisory body, resources, and the economic and financial regime. Generalitat–Spanish Government Bilateral Commission, may establish coordination mechanisms for the exercise of the respective functions. b) The determination and the system of application of tax benefits for foundations. c) The registration of foundations. CHAPTER II. SPHERES OF AUTHORITY 3. The Generalitat has shared power over the regulation of the right of association. The Generalitat shall exercise this jurisdiction respecting the direct development of the essential ARTICLE 116. AGRICULTURE, LIVESTOCK FARMING AND FORESTRY elements of this right. 1. The Generalitat has exclusive authority over matters of agriculture and livestock farming, with 4. The Generalitat has the authority to set the criteria, regulate conditions, and implement and the exception of those areas specified in Section 2 below. This exclusive authority includes, in control public aid to associations and foundations. all cases, the following: a) The regulation and development of agriculture, livestock farming, food industry and related services. ARTICLE 119. HUNTING, FISHING AND MARITIME ACTIVITIES AND FISHERIES b) The regulation and implementation of quality, traceability, and conditions for agricultural and PLANNING livestock farming products and derived food products, so that these may be traded within and 1. The Generalitat has exclusive authority in matters of hunting and river fishing, which includes, outside Catalonia, as also prevention of fraud in the food production and food trade sectors. in all cases, the following: c) The regulation of participation in agricultural and stockbreeding organisations and in a) Planning and regulation. chambers of agriculture in public bodies. b) The regulation of the system of administrative intervention in hunting and fishing, of d) Plant and animal health in those cases where there are no proven effects on human health, surveillance and of hunting and fishing installations. and the protection of animals. c) Protection measures for species and a system of sanctions. e) Seeds and seedlings and the corresponding records, in particular all matters relating to 2. The Generalitat has exclusive authority in matters of sea and recreational fishing in genetically modified organisms and the protection of plant varieties. continental waters, and also over regulation and management of fish stocks and delimitation of f) The regulation of production processes, cultivation processes, agricultural structures and the protected areas. corresponding legal system. 3. The Generalitat has sole jurisdiction in matters of maritime activities in internal and external g) Integrated development and protection of the rural community. waters, including, in all cases, the following: h) The regulation of the system of administrative intervention and use of forests, forestation and a) The regulation and management of shellfish and fish farming and the establishment of forest services, agricultural land and drove roads in Catalonia. conditions for the practice of these activities, as also the regulation and management of CATALONIA TODAY 26 ESTATUT THURSDAY, NOVEMBER 3, 2005 resources. including in regard to the following: b) The regulation and management of installations intended for these activities. a) Defence of consumers rights, as proclaimed in Article 28, and establishment and application c) Professional diving. of administrative procedures for complaints and claims. d) Training and certification in matters of leisure activities. b) Regulation and promotion of consumer and user associations and of their participation in any procedures and matters which affect them. 4. The Generalitat has exclusive authority in matters governing planning of the fisheries sector, except in the cases specified in Section 5 below. This authority includes, in all cases, planning c) Regulation of arbitration bodies and procedures in matters of consumer affairs. and administrative implementation measures in regard to the professional conditions for fishing d) Consumer training and education. activities, the construction, safety and official registration of vessels, fishing associations, fish e) Definition of the consumer. markets, and the Social Marine Institute. f) Regulation of information provision. 5. TheGeneralitat has shared powers in fisheries sector planning.

ARTICLE 124. COOPERATIVES AND SOCIAL ECONOMY ARTICLE 120. SAVINGS BANKS 1. The Generalitat has exclusive authority in matters affecting cooperatives that carry out their 1. The Generalitat has exclusive authority in matters concerning savings banks with their activity and with members in Catalonia or with their headquarters in Catalonia although they do headquarters in Catalonia and over regulation of their organisation, which includes, in all cases, not carry out most of their activity in Catalonia or in another Autonomous Community. the following: 2. The powers referred to in Section 1 above include the organisation and functioning of a) The determination of governing bodies and the manner in which the different social interests cooperatives, which together include: shall be represented. a) Definition, denomination and classification. b) The legal status of governing body members and of other offices in savings banks. b) Criteria concerning the establishment of registered offices. c) The judicial regime governing creation, mergers, liquidation and registration. c) Criteria governing activities. d) The exercise of administrative powers in relation to any foundations created by them. d) Requirements for constitution, modification of social statutes, mergers, division, e) The regulation of groups of savings banks with registered headquarters in Catalonia. transformation, dissolution and liquidation. f) The supervision of the process of emission and distribution of owner share titles. e) Qualification, inscription and certification in the corresponding business registry. 2. In matters concerning savings banks with their headquarters in Catalonia, the Generalitat has f) Rights and obligations the members. shared power over financial activity, in accordance with the principles and the rules established g) Economic regime, social documentation and accounts. in the basic Spanish Government legislation governing the allocation of credit and with the monetary policy of the Spanish Government. Within these limits, the authority of the Generalitat h) Conciliation and arbitration. includes regulation of the distribution of profits and of the social activities of savings banks. i) Cooperative groups and forms of economic cooperation for cooperatives. 3. In matters concerning saving banks with their headquarters in Catalonia, the Generalitat has 3. The authority referred to in Section 1 above includes regulation and promotion of the shared power over discipline, inspection and sanctioning, in accordance with the principles and cooperative movement, and in particular, promotion of the forms of participation in companies, rules established by the basic Spanish Government law governing credit planning and banking. access of workers to the means of production, and social and territorial cohesion. Regulation This authority includes, in all cases, the following: and promotion of the cooperative movement includes the following: a) The scaling of infractions and sanctions as established by the Spanish Government. a) Regulation of cooperative associations. b) The establishment of additional infractions. b) Provision of assistance and advice to cooperatives. 4. The Generalitat collaborates in the inspection and sanctioning of savings banks in Catalonia c) Cooperative education and training. implemented by the Ministry of the Treasury and the Bank of Spain. d) Establishment of criteria, regulation of conditions, and provision of and control over public 5. The Generalitat has shared powers over financial activity, discipline, inspection and subsidies to cooperatives. sanctioning of savings banks with headquarters in Catalonia when these operate outside of 4. The Generalitat has exclusive authority over the promotion and regulation of the social Catalonia, in accordance with the principles and rules established by the basic Spanish economy. Government law governing credit planning, banking and insurance and in accordance with the rules of coordination established by the Spanish Government. ARTICLE 125. PUBLIC LAW BODIES AND PROFESSIONAL ORGANISATIONS 1. The Generalitat has exclusive authority over matters affecting professional associations, ARTICLE 121. TRADE AND TRADE FAIRS academies, chambers of agriculture, chambers of commerce, industry and navigation, and over 1. The Generalitat has exclusive authority in matters of trade and trade fairs, including the other public law bodies representing economic and professional interests, and including, in all regulation of non-international trade fair activities and the administrative planning of trading cases, the following powers: activity, which include: a) Regulation of the model of organisation, internal organisation and functioning, of the a) Definition of activity, establishment of administrative conditions and requirements for economic, budgetary and accounting regime, of the system of association and inscription, of the exercising an activity, and the locations and establishments in which an activity may be rights and obligations of members, and of the disciplinary regime. exercised, and administrative regulation of electronic commerce or commerce by any other b) Creation and assignation of functions. medium when the company, the consumer or the user of the product is registered or resident in c) Administrative supervision. Catalonia. d) Establishment of an electoral system and of electoral procedures applicable to the election of b) Administrative regulation of all forms of sales and supply in relation to commercial activity, members of the bodies. including promotional sales and loss selling. e) Determination of territorial limits and possible groupings within Catalonia. c) Regulation of trading hours. 2. The Generalitat has shared power over the definition of the bodies referred to in Section 1 d) Classification and territorial planning in regard to commercial facilities and regulation of above, as also over the requirements for their creation and for membership. requirements and regimes for installation, extension and activity modifications by establishments. 3. The chambers of commerce, industry and navigation, with the prior agreement of the Generalitat – Spanish Government Bilateral Commission may carry out activities in relation to e) Establishment and implementation of norms and quality standards relating to commercial foreign trade for which they may earmark resources. activity. 4. In matters relating to the exercise of certified professions, the Generalitat has exclusive f) Adoption of administrative policing measures in relation to the discipline in the market. authority, including, in all cases, the following powers: 2. The Generalitat has exclusive authority in matters of international trade fairs held in a) Determination of the requirements and conditions for the practice of certified professions and Catalonia, including over the following: for access to professional practice. a) Actions in relation to authorisation and declaration of an international trade fair. b) Establishment of the rights and obligations of certified professionals and the system of b) Promotion, management and coordination. incompatibilities. c) Inspection, evaluation and presentation of accounts. c) Regulation of professional secrecy and of guarantees against practice without suitable d) Establishment of internal regulations. qualifications and against irregular activities, as also regulation of the provision of obligatory e) Appointment of a delegate to the management body for each trade fair. professional services. 3. The Generalitat collaborates with the Spanish Government in establishing a calendar of d) Disciplinary regulation of the certified professions. international trade fairs. ARTICLE 126. CREDIT, BANKS, INSURANCE AND FRIENDLY SOCIETIES NOT ARTICLE 122. POPULAR CONSULTATION INCLUDED IN THE SOCIAL SECURITY SYSTEM The Generalitat has exclusive authority over the establishment of the legal system, as also the 1. In matters of credit planning, banking, insurance and friendly societies not included within the methods, procedures, implementation and convening, whether by the Generalitat itself or by social security system, the Generalitat has exclusive authority over the structure, organisation local bodies acting within their sphere of influence, of public opinion polls, public hearings, and functioning of social provision societies, management bodies of pension plans and funds, participation forums and any other instrument of popular consultation. and of other friendly societies not included within the social security system, which have their headquarters in Catalonia, and irrespective of their field of operation and the extent of insured risk. ARTICLE 123. CONSUMER AFFAIRS 2. In matters of credit planning, banking, insurance and friendly societies not included within the The Generalitat has exclusive authority in matters of consumer affairs, social security system, the Generalitat has shared power over the structure, organisation and CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 27 functioning of financial intermediaries other than savings banks, credit cooperatives and One. Promotion and dissemination of theatrical, musical, audiovisual, literary, dance, circus and physical and legal bodies acting in the insurance market not referred to in Section 1 above, combined-art creations and productions made within Catalonia. which have their headquarters in Catalonia, and irrespective of their field of operation and the Two. Promotion and dissemination of the cultural, artistic and monumental heritage and of extent of insured risk. cultural heritage centres in Catalonia. 3. In matters of credit planning, banking, insurance and friendly societies not included within the Three. International projection of Catalan culture. social security system, the Generalitat has shared power over the activities of the bodies 2. The Generalitat has executive powers over archives, libraries, museums and cultural heritage referred to in Sections 1 and 2 above and with headquarters in Catalonia, in accordance with centres owned by the Spanish Government and located in Catalonia, including, in all cases, the principles and rules established by the basic laws governing credit planning, banking and powers in regard to regulation of functioning, organisation and staff. insurance and in accordance with the rules of coordination established by the Spanish Government with respect to activities carried out by these bodies outside of Catalonia. This 3. In actions carried out by the Spanish Government in Catalonia in matters of cultural power includes: promotion, investment in cultural assets and equipment, and acquisitions of any nature, the percentage of the assets corresponding to the Generalitat shall be calculated. A prior report is a) Establishment of obligations and of additional limits to this activity. required from the Generalitat – Spanish Government Bilateral Commission, and the position b) Regulated implementation acts established by the Spanish Government. expressed by the Generalitat shall be the determining factor as far as the Spanish Government 4. TheGeneralitat has shared powers with respect to the activities carried out by the entities is concerned. In the case of activities carried out by the Spanish Government in relation to the referred to in Sections 1 and 2 above that have headquarters outside Catalonia, in accordance international projection of Catalan culture, the prior agreement of the Generalitat – Spanish with the rules of coordination established by the Spanish Government. Government Bilateral Commission is required. 5. The Generalitat has shared powers over discipline, inspection and any sanctions applied to the entities referred to in Sections 1 and 2 above that have headquarters in Catalonia, in ARTICLE 128. DENOMINATIONS OF AND GEOGRAPHICAL AND QUALITY accordance with the principles and rules established in the basic laws governing credit INDICATIONS planning, banking and insurance and in accordance with the rules of coordination established by the Spanish Government with respect to the activities carried out by these bodies outside 1. The Generalitat has exclusive authority over denominations of origin and other quality Catalonia. These powers include: indications, including the legal system for their creation and functioning, and together including the following powers: a) Scaling of the infractions and sanctions as established by the Spanish Government. a) Determination of possible levels of protection for products, the regime and conditions b) Establishment of additional infractions. governing them, and also the rights and obligations arising from these products. c) Supervision and the control of significant shareholdings. b) Ownership of denominations of origin. 6. The Generalitat has shared powers over discipline, inspection and any sanctions applied to c) Regulation of production and marketing forms and conditions for the products, as also a the activities of the entities referred to in Sections 1 and 2 above that have headquarters outside system of applicable sanctions. Catalonia, in accordance with the rules of coordination established by the Spanish Government. d) The system for administrative organisation of denominations of origin or quality, in terms both 7. Concession, by the General Administration of the Spanish State, of discretionary of management and control of production and marketing. authorisations in matters of credit planning, banking, insurance and friendly societies not included within the social security system, requires the deliberation and prior report of the 2. The powers referred to in Section 1 above include recognition of denominations or Generalitat – Spanish Government Bilateral Commission. indications, approval of the fundamental rules and all the administrative powers of management and control over activities in relation to denominations or indications, especially those deriving 8. The Generalitat, in matters affecting credit planning, banking, insurance and friendly societies from possible administrative supervision of the denomination bodies and of the exercise of not included within the social security system, is responsible for inspection and the application sanctioning powers in relation to infractions of the denomination system. of sanctions on behalf of the General Administration of the Spanish State for bodies acting in Catalonia. 3. In the event that a territory for a denomination of origin extends beyond Catalan frontiers, the Generalitat exercises its functions of management and control over the activities of the 9. The Generalitat has shared powers in matters affecting credit cooperatives with members in denomination bodies for terrain and installations located in Catalonia. The Generalitat and the Catalonia and with their headquarters in Catalonia although they do not carry out most of their activity in Catalonia or in another Autonomous Community. other administrations affected shall agree on the level of protection, declaration and approval of the rules and regulations of the regime applicable to the corresponding denomination of origin and, in all cases, shall guarantee the participation of the Generalitat in the corresponding ARTICLE 127. CULTURE denomination bodies, in accordance with the proportional effect on Catalan territory. 1. The Generalitat has exclusive authority over cultural matters, with the exception of those 4. In its territory the Generalitat exercises the obligations of protection resulting from the areas outlined in Sections 2 and 3 below. This exclusive authority embraces, in all cases: recognition by the Generalitat itself of a denomination of origin or of a protected geographical a) Artistic and cultural activities, including, in all cases: indication. The corresponding authorities, whether corresponding to the Autonomous Community or the Spanish Government, shall assume the protection of Catalan denominations One. Regulation and implementation of measures governing production, distribution and of origin and geographical and quality indications outside Catalan territory and before the conditions for the public sale of books and periodical publications in all forms, as also the corresponding European and international institutions, from the moment in which the management of copyright and identification codes. Generalitat recognises these, without prejudice to the legal control to which the declaration of Two. Regulation and inspection of cinema auditoria, protection measures for the recognition is subject. cinematographic industry, and control over and award of licences. Three. Rating of films and audiovisual materials according to age and cultural values. ARTICLE 129. CIVIL LAW Four. Promotion, planning, construction and management of cultural facilities located in Catalonia, without prejudice to the establishments described in Section 3 below. 1. The Generalitat has exclusive authority in matters of civil law, which includes the determination of the system of sources, with the sole exception of the rules relating to the Five. Establishment of fiscal incentives for cultural activities in those taxes for which the application and effectiveness of legal rules, judicial civil relations regarding the forms of Generalitat has regulatory authority. marriage, planning of registers and public instruments, bases for contractual obligations, rules b) Cultural heritage, including, in all cases: for resolving conflicts of law, and determination of sources of Spanish State law. One. Regulation and implementation of measures aimed at guaranteeing the enrichment and 2. The Generalitat has exclusive authority over the regulation of extra-contractual obligations dissemination of the cultural heritage of Catalonia and facilitating access to this heritage. and over the different types of contractual obligations, within the framework of the bases to Two. Regulation and implementation of measures for inspection, inventorykeeping and which reference is made in Section 1 above. of architectural, archaeological, scientific, technical, historical, artistic, ethnological and general cultural heritage. ARTICLE 130. PROCEDURAL LAW Three. Establishment of the legal system for activities in relation to movable and immovable The Generalitat has the authority to dictate the specific procedural rules resulting from the assets that form part of the cultural heritage of Catalonia, determination of the legal system particular nature of substantive law in Catalonia. This power includes, in all cases, procedural concerning immovable assets, and the declaration and management of these assets. rules intended to improve the protection of citizen rights established in this Estatut and in other Four. Protection of the cultural heritage of Catalonia, which includes the conservation, repair, rules of the Autonomous Communities, and the interpretation and the appropriate application of surveillance and control of assets, without prejudice to the authority of the Spanish Government the law by the jurisdictional bodies. for the defence of assets comprising this cultural heritage against exportation and robbery. c) Archives, libraries, museums and other cultural heritage centres not owned by the Spanish State, including, in all cases: ARTICLE 131. EDUCATION One. Creation, management, protection and establishment of a legal system governing the 1. The Generalitat has exclusive authority, in non-university education, over non-compulsory centres within the archives and libraries system, museums, and other cultural heritage centres. subjects that do not lead to an academic or professional qualification at State level, as also for the teaching centres in which these subjects are taught. Two. Establishment of a legal system governing documentary, bibliographical and cultural assets stored in said centres. 2. The Generalitat has exclusive authority, in non-university education, in relation to compulsory and non-compulsory subjects that lead to an academic or professional qualification at State Three. Conservation and recovery of assets that form part of the Catalan bibliographic and level. This authority covers all levels, stages, cycles, grades, modes of study, specialities and documentary heritage. educational fields and includes, in all cases, the following matters: d) The Royal Archives of Barcelona and the Catalan collections located in the Archives of the a) Programming of teaching and regulation of participative and consultative bodies for sectors Kingdom of . These funds shall be integrated into the Catalan system of archives. For the affected by educational programming in Catalan territory. effective management of collections held in common with other territories of the , the Generalitat shall collaborate with the Board of Archives of the Kingdom of Aragon, b) Creation, organisation and development of the system of public teaching centres. with the other Autonomous Communities with which it has shared collections, and with the c) Inspection and general evaluation of the education system, educational innovation, research Spanish Government, by means of mechanisms established by mutual agreement. and experimentation, and guarantees in relation to the quality of the education system. e) The promotion of culture, including: d) The system for promoting study, scholarships and grants. CATALONIA TODAY 28 ESTATUT THURSDAY, NOVEMBER 3, 2005 e) The system of use of public funds for the teaching function within the education system and f) Regulation of sporting, competitive and electoral discipline within bodies that promote and teaching centres. organise the practice of sport. f) Training and improvement of teaching staff and of other education system staff and, as g) The fostering and promotion of sports associations. established in Article 136, policies affecting staff in the employ of the education authorities. h) The registration of bodies that have their headquarters in Catalonia and that promote and g) Extra-curricular and complementary services and activities connected with public teaching organise the practice of physical and sporting activity. centres and private centres maintained with public funds. i) Planning of the network of sports facilities in Catalonia and promotion of its use. h) Organisation of distance teaching aimed at students above the compulsory school-leaving j) Medical and health control and monitoring of individuals who practice physical and sporting age. activity, as also anti-doping regulation. 3. In the framework of the principles established by the Spanish Government and enacting k) Regulation of prevention and control of violence at public sporting events. fundamental aspects of the right to education and to freedom in teaching, and, moreover, in l) Ensuring the health of spectators and other individuals involved in the organisation and relation to non-university matters, compulsory subjects and subjects leading to an academic or practice of physical and sporting activity, as also safety and health control in relation to sporting professional qualification at State level, the Generalitat has shared authority over: facilities. a) Establishment of suitable syllabuses, including curriculum planning. m) Development of scientific research in relation to sport. b) Access to education and the establishment and regulation of criteria for admission and 2. The Generalitat has shared authority over physical and sports education, in accordance with schooling of students in teaching centres. the principles of basic Spanish Government legislation. This authority includes, in all cases,: c) Regulation of the teaching sector and of teaching and educational activities. a) Training for official qualifications for the various levels of physical and sporting activity d) Definition and programming of teaching functions. technicians and access to these qualifications. e) Establishment of requirements and conditions for teaching and educational centres. b) Exercise of physical activity and sports professions. f) Participation of the education community in control and management of public teaching 3. The Generalitat participates in bodies, at the State, European and international levels, whose centres and of private centres maintained with public funds. purpose is the development of sport. g) Acquisition and the loss of civil servant status for teachers in the employ of the education 4. The Generalitat has exclusive authority over leisure, including, in all cases, the fostering and authorities and development of their basic rights and obligations. regulation of activities that take place within Catalonia and the legal system governing the 4. The Generalitat has executive authority, in non-university education, over the issue and bodies, public or private, whose purpose is concerned with the practice of leisure activities. recognition of State academic and professional qualifications. 5. The Generalitat participates in bodies, at the State, European and international levels, whose purpose is the development of leisure.

ARTICLE 132. EMERGENCIES AND CIVIL PROTECTION 1. TheGeneralitat has exclusive authority over civil protection, which in all cases includes ARTICLE 135. STATISTICS regulation, planning and implementation of measures in relation to emergencies and civil 1. The Generalitat has exclusive authority over statistics of interest to the Generalitat , including, security and safety matters, as also the management and coordination of civil protection in all cases, the following matters: services, including fire prevention and fire-fighting services, without prejudice to the powers of a) Statistical planning. the local government authorities in this area. b) Administrative organisation. 2. For emergencies and civil protection issues of a scope extending beyond Catalonia, the c) Creation of an official statistical system for the Generalitat . Generalitat shall promote mechanisms for 2. TheGeneralitat participates in and co-operates with the preparation of statistics at the supra- cooperation with other Autonomous Communities and with the Spanish Government. Autonomous Community level. 3. The Generalitat is responsible for the execution of Spanish Government legislation concerning nuclear security and safety and maritime rescue operations. ARTICLE 136. PUBLIC EMPLOYMENT AND STAFF IN THE EMPLOY OF THE CATALAN PUBLIC AUTHORITIES ARTICLE 133. ENERGY AND MINES The Generalitat , respecting the principle of local autonomy, is responsible in matters of public 1. The Generalitat has shared authority over energy, in accordance with the principles employment, for the following: established by basic Spanish Government legislation governing the energy system and the a) Exclusive authority over the statutory system governing staff in the employ of the Catalan rules dealing with strategic reserves, including, in all cases, the following powers: public authorities, planning and organisation of public employment in the material sectors of a) Regulation of energy production, storage and transport, the issue of licences to installations public services provision and over the training of all staff in the employ of the Catalan operating wholly within Catalan territory, and supervision, inspection and control over all universities, including teaching staff. installations located in Catalonia. b) Shared authority over the acquisition and loss of civil service status of staff in the employ of b) Regulation of energy distribution within Catalonia, the issue of licences to the corresponding the public authorities and over their basic rights and obligations. installations, and supervision, inspection and control over all installations located in Catalonia. c) Exclusive authority, in the matter of contracted staff, over the adaptation of work lists to the c) Establishment of quality standards for energy supply services. needs of the administrative organisation and over the training of this staff. d) Fostering and management of renewable energy sources and the promotion of energy efficiency. ARTICLE 137. HOUSING e) Regulation of payment for distribution and of the financial system applicable to the provision The Generalitat has exclusive authority over housing, including, in all cases, the following of new supplies. matters: f) Appointment of a manager for the electricity distribution network. a) Planning, regulation, management, inspection and control over housing, in accordance with 2. The Generalitat participates, by means of the issue of a mandatory report, in the procedure social needs and the need for territorial balance. for granting licences to energy production and transport installations if these extend beyond b) Civil legislation on horizontal property, urban leases and property trading specialisms, Catalan territory or if the energy is used outside this territory. according to the terms set out in Article 129. 3. TheGeneralitat participates in the Spanish Government energy sector regulatory bodies and c) Establishment of priorities and objectives for Catalan public authorities in developmental in any planning at State level that affects Catalan territory. matters concerning housing, and adoption of the necessary measures to achieve these, in 4. The Generalitat has shared authority over the mining system, in accordance with the relation to both the public and the private sectors. principles of the basic Spanish Government legislation in this matter. This authority includes, in d) Provision of public housing. all cases, regulation, the system for administrative intervention, and control over mines and the e) Regulation of the trade in housing stock and adoption of protective and disciplinary measures mining resources located in Catalonia and over any extraction activities that take place in for this field. Catalonia. f) Technical rules, inspection and control over construction quality. g) Rules covering the suitability of housing for habitation. ARTICLE 134. SPORT AND LEISURE h) Technological innovation and sustainability applicable to housing. 1. The Generalitat has exclusive authority over sport, including, in all cases, the following i) Regulations governing house conservation and maintenance and their application. matters: j) Conditions of buildings in relation to the installation of common infrastructures for a) The fostering, encouragement, planning, coordination, execution, consultancy, implantation telecommunications, broadcasting, basic telephone and other cable services. and projection of the practice of physical activity and of sport throughout Catalonia, at all social levels. b) The fostering the external projection of Catalan sport so as to ensure that Catalan ARTICLE 138. IMMIGRATION participate in official competitions at the European and international levels through the national 1. The Generalitat has exclusive authority over the system for reception and integration of sporting teams. immigrants, including, in all cases, the following matters: c) Regulation of sports jurisdictional and arbitration bodies. a) Establishment and regulation of guarantees with regard to the rights and obligations of d) Regulation of sports training and fostering of technical training and of elite sports immigrants. performance. b) Establishment and regulation of measures necessary for social and economic integration of e) Establishment of a legal system for sporting federations and clubs and for bodies that immigrants and for their participation in public affairs. promote and organise the practice of sport and physical activity within Catalonia, as also the c) Establishment by law of a referential framework for the reception and integration of declaration of public utility of sporting bodies. immigrants. CATALONIA TODAY Thursday 3 november 2005 ADVERTISEMENT 29

119001/713151B CATALONIA TODAY 30 ESTATUT THURSDAY, NOVEMBER 3, 2005 d) Promotion, integration and assistance for returning immigrants, and development of the Commission. pertinent policies and measures to facilitate their return. 6. An Act of Parliament shall define the organisation and legal and financial system governing 2. TheGeneralitat has the authority to execute Spanish Government and European labour the and the Port of , which shall respect the basic principles of legislation with regard to foreign nationals. This authority includes, in all cases, the following Spanish Government legislation regarding ports of general interest. matters: 7. Barcelona Airport has a special operational regime, to be agreed by the Generalitat and the a) Processing and decisions in relation to work permits and authorisations for employed and Spanish Government, on the basis of a proposal by the Generalitat - Spanish Government self-employed workers. Bilateral Commission. b) Processing and resolution of appeals presented with regard to cases arising from paragraph 8. An Act of Parliament shall define the organisation and the legal and financial system a) above, issue of the legally required reports on the employment situation of foreign nationals, governing Barcelona Airport, which shall respect the basic principles of Spanish Government and application of inspection and sanction systems. legislation regarding airports of general interest. 3. Within the framework of the Generalitat - Spanish Government Bilateral Commission, the 9. TheGeneralitat has exclusive authority over the road network in Catalonia. This network following shall be established: comprises main roads, tunnels, motorways and the other roads, irrespective of their a) Name, place of origin and occupational training of immigrants to Catalonia, in accordance classification, function, accessibility, connectivity or ownership. This authority includes, in all with labour and economic development needs, requirements and forecasts. cases: b) Spanish Government decisions on immigration, both those relating to the rules governing a) Regulation, planning and integrated management of the entire Catalan road network, foreign nationals and to international agreements and executive acts of particular relevance to irrespective of the public authority owning the road. Catalonia. b) The legal and financial system governing elements of the road network owned by the Generalitat .

ARTICLE 139. INDUSTRY, CRAFTSMANSHIP,WEIGHTS AND MEASURES AND c) The connectivity, whether with each other or with other transport infrastructures or other VERIFICATION OF METALS networks, of the elements that make up the Catalan road network. 10. In the event of functional modification or of extension or modification of the economic and 1. The Generalitat has exclusive authority over industry, without prejudice to the provisions of financial system of the elements that make up the road network in Catalonia owned by the Section 2 below. This exclusive authority includes in all cases: Spanish Government, a prior report from the Generalitat is required. The position expressed by a) Regulation of industrial sectors and processes in Catalonia. the Generalitat shall be binding on the Spanish Government. b) Safety of activities, installations, equipment, processes and industrial products, including 11. TheGeneralitat has exclusive authority, in matters concerning the rail network, over the automobiles, as also the legal system governing bodies that regulate certification, assaying, infrastructures of which it is the owner, and participates in planning and management of inspection and auditing in Catalonia. infrastructures owned by the Spanish Government and located in Catalonia. This management c) Promotion and regulation of industrial quality, innovation and research, as also promotion and includes, in all cases, coordination, operation, conservation and administration of the regulation of standardisation bodies and accreditation bodies at Autonomous Community level. infrastructures. d) Regulation and the system of administrative intervention in anyindustrial activities that may 12. The Generalitat has shared authority over electronic communications, including, in all cases, have an impact on human health and safety. the following matters: e) Regulation and the system of administrative intervention in the certification of types, parts a) Regulation of access to and definition of a minimum number of universally accessible and components of vehicles, and inspections of the production of vehicles and of their parts and services. components subject to certification. b) Guarantees of interoperability of systems and receivers for electronic communications 2. The Generalitat has shared authority over industrial planning, in accordance with the services, for content distributed using these services, and for access to these services and principles established by the Spanish Government for general planning of the economy. In all contents. cases, the Generalitat is responsible for implementing Spanish Government plans for industrial c) Planning, regulation and control over electronic communications networks. sectors and reindustrialisation. 13. The Generalitat has executive authority over management of the radioelectric space and 3. The Generalitat has exclusive authority over matters of craftsmanship, including, in all cases, over electronic communications within Catalan territory, within the framework of Spanish the following matters: Government planning. a) Regulation and administrative executive measures governing craft enterprises, the status of craftspeople, craft products, and geographic areas of relevance to crafts. ARTICLE 141. GAMBLING AND SHOWS b) Adoption and implementation of measures to foster development and competitiveness of craft enterprises, as also training, promotion of craft products and the creation of marketing 1. The Generalitat has exclusive authority over betting, gambling and casinos, includes, in all channels. cases, the following matters: 4. The Generalitat has executive authority over weights and measures, including, in all cases, a) Creation and licensing of betting and gambling systems and regulation thereof, as also the following matters: regulation of enterprises responsible for management, operation and practice of these activities or enterprises that market and distribute materials connected with gambling in general, a) The approval of the model, initial verification, verification following repair or modification, including computerised and telematic forms. periodic verification, and supervision and inspection of the different models of weighing, measuring and counting instruments, apparatuses, means and systems. b) Regulation and control over the premises, installations and equipment used in the performance of these activities. b) Authorisation of official laboratories for metrological verification. c) Determination of the gambling taxation system applicable to gambling enterprises. c) Establishment, regulation and management of the Catalan Registry of Metrological Control. 2. The Generalitat shares in the profits from betting and gambling at State level, in accordance 5. The Generalitat has executive authority over the verification of metals. with the criteria established by the Generalitat - Spanish Government Bilateral Commission. 3. Authorisation of new forms of betting and gambling or modification to the existing forms at ARTICLE 140. TRANSPORT AND COMMUNICATIONS INFRASTRUCTURES Spanish government level requires the prior agreement of the Generalitat . 1. The Generalitat has exclusive authority over any ports, airports, heliports and other transport 4. The Generalitat has exclusive authority over shows and recreational activities, including, in all infrastructures located in Catalonia that are not classified as being of general interest by cases, general regulation of the sector, the system of administrative intervention, and security Spanish Government legislation. This authority includes in all cases: and control over all kinds of shows in public spaces and premises. a) The legal system governing all ports and airports, port and airport installations, minor maritime installations, loading terminals in port and airport premises and other transport ARTICLE 142. YOUTH infrastructures that are not classified as being of general interest, as also planning and management of the same, and irrespective of the public authority that owns them. 1. The Generalitat has exclusive authority over youth affairs, which comprises all policies that affect the lives of young people, including, in all cases, the following matters: b) Management of the public domain necessary to provide the service, and especially the issue of licences and concessions within port or airport premises. a) Design, application and evaluation of policies, plans and programmes aimed at young people. c) Financial systems for port and airport services, and especially the establishment of tariffs and taxes and the charging and collecting of all kinds of taxes and tariffs related to use of the b) Promotion of youth associations, initiatives to encourage participation, international mobility infrastructure and of the service it provides. and youth tourism. d) Delimitation of the service areas for ports and airports on the basis of a previously obtained c) Regulation, management, supervision and administrative policing of activities and facilities report from the owner of the public domain, as also of the uses, equipment and complementary aimed at young people. activities within port or airport premises or other transport infrastructure premises. 2. The Generalitat is responsible for signing agreements with international bodies, for 2. The Generalitat participates in the supra-Autonomous Community bodies that exercise participation in international bodies in cooperation with the Spanish Government, or functions in relation to transport infrastructures located in Catalonia that are owned by the State. autonomously if the regulations of the body in question so permit, and, in all cases, for the processing of documents issued by international bodies that affect individuals resident in 3. Classification, by Spanish Government legislation, of a port or airport located in Catalonia as Catalonia or installations or bodies located in Catalonia. of general interest requires the prior consideration and report of the Generalitat -Spanish Government Bilateral Commission. The Generalitat is responsible for their management, in accordance with the Third Additional Provision below. ARTICLE 143. LANGUAGE 4. The Generalitat participates in regulation and programming of ports and airports of general 1. TheGeneralitat has exclusive authority over the language proper to Catalonia, including, in all interest. cases, determination of the scope, use and legal effects of the language proper to Catalonia 5. The Port of Barcelona and the Port of Tarragona have special operational regimes, to be and of its dual official nature, as also over linguistic standardisation of Catalan. agreed by the Generalitat and the Spanish 2. The Generalitat and the Conselh Generau de l’Aran have authority over the linguistic Government, on the basis of a proposal by the Generalitat - Spanish Government Bilateral standardisation of Occitan, known as Aranese in the Aran region. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 31

ARTICLE 144. THE ENVIRONMENT, NATURAL AREAS AND METEOROLOGY ARTICLE 146. MEDIA AND AUDIOVISUAL CONTENT SERVICES 1. The Generalitat has shared authority over the environment, in accordance with the principles 1. In matters of radio and television services, as also of any other audiovisual communication of basic Spanish Government legislation, as also authority for the establishment of additional service, the Generalitat has, in all cases: rules for its protection. This shared authority includes, in all cases: a) Exclusive power over regulation of the provision of public audiovisual communication a) Establishment and regulation of the instruments of environmental planning and of the services of the Generalitat , as also over establishment of the basic principles governing the procedures for processing and approving these instruments. creation and provision of public audiovisual communication services at the local level, without b) Regulation, processing and the resolution of the environmental evaluation procedures for prejudice to the principle of local autonomy. works, installations and activities located or that take place in Catalonia, as also of the plans b) Shared authority over regulation and control of audiovisual communication services aimed at and programmes that affect its territory, irrespective of the competent public authority for, as the Catalan population that use any of the available supports and technologies, as also over the appropriate, either authorising or approving these. supply of audiovisual communication services if broadcast to Catalan territory. c) Establishment and regulation of measures for environmental sustainability, taxes and 2. The Generalitat participates effectively in the administrative processes related to the provision research. of audiovisual communication services that come under the authority of the Spanish d) Regulation of natural resources, flora and fauna, biodiversity and of the marine and aquatic Government. The purpose of this participation is preservation and promotion of Catalan environment, unless this is aimed exclusively at the preservation of fish stocks. linguistic and cultural pluralism. e) Regulation concerning prevention in relation to the production of bottles and packaging, as 3. The Generalitat has shared authority over the media, except as set out in Section 2 above, in also throughout their lifecycle, from creation to conversion into waste material. accordance with the principles and objectives established in basic Spanish Government legislation. f) Regulation concerning prevention and corrective measures in relation to the generation of waste material originating in or destined for Catalonia, as also concerning the management and movement of waste and its final disposal. ARTICLE 147. NOTARIES AND PUBLIC REGISTERS g) Regulation of prevention, control, correction, recovery and compensation of soil and subsoil 1. The Generalitat has executive authority over notaries and over public property and mercantile pollution. registers, including, in all cases, the following matters: h) Regulation and management of waste discharged into territorial waters along the Catalan a) The appointment of notaries and of property and mercantile registrars, by means of the coastline and into surface and underground waters that do not pass through another calling of open and restricted competitive examinations and competitions and their Autonomous Community. In all cases, and within its territorial scope, the Generalitat has administration and resolution, which shall be regulated, called and implemented up to the executive authority over the administrative supervision of discharges into surface and formalisation of appointments. Candidates for the post of notary or registrar shall be admitted on underground waters that pass through another Autonomous Community. the basis of equality of rights, and shall provide proof of knowledge of and i) Regulation of the atmospheric environment and of the various kinds of pollution thereof, law in the form and to the extent established by the Estatut and by law. declaration of polluted atmospheric zones, and establishment of other instruments to control b) Inspection of notaries, registers, the Register of Wills and of the respective professional pollution, irrespective of the public authority competent to authorise the work, installation or colleges, the exercise of disciplinary powers over notaries and registrars and their colleges, and activity producing the pollution. the resolution of appeals brought before the public authorities in matters relating to notaries and j) Regulation of the system for allocating greenhouse gas emission rights. registers. k) Regulation and promotion of classification of products, activities, installations, infrastructures, c) Establishment of notarial and registration districts, which includes determination of mortgage procedures, production processes or respectful behaviour towards the environment. districts and of notarial power districts. l) Prevention, restoration and repair of damage to the environment and the corresponding d) Establishment of import duties specialities deriving from the particular nature of substantive system of sanctions. law of Catalonia. 2. The Generalitat has exclusive authority over natural areas, including, in all cases, regulation 2. The Generalitat owns notarial protocols and the property, movable property, mercantile and and declaration of protection instruments, delimitation, and planning and management of civil register books of Catalonia. natural spaces and protected habitats located in Catalonia. 3. The Generalitat has executive authority over the Register of Births, Marriages and Deaths, 3. In the case of natural areas that extend beyond Catalan territory, the Generalitat shall which, in all cases, includes the appointment of registrars, temporary staff and substitutes, promote, in accordance with the provisions of Article 115.2, instruments for collaboration with disciplinary functions, as also the provision of the human and material resources necessary for other Autonomous Communities in regard to the creation, delimitation, regulation and these functions to be exercised. These registrars shall provide proof of knowledge of Catalan management of these areas. In all cases, management of areas located in Catalonia is the language and law in the form and to the extent established by the Estatut and by law. responsibility of the Generalitat , unless joint management has been agreed with neighbouring Communities. ARTICLE 148. PUBLIC WORKS 4. Declarations and delimitation in regard to natural areas that come under a Spanish protection 1. The Generalitat has exclusive authority over public works that are carried out in Catalonia and system require the prior agreement of the Generalitat - Spanish Government Bilateral that have not been classified as being of general interest by a Spanish Government law or that Commission. If the area is located wholly within Catalan territory, the Generalitat is responsible do not affect another Autonomous Community. This authority includes, in all cases, the planning, for its management, and if it extends beyond this territory, the provisions of Section 3 above construction and funding of such works. shall apply. 2. The classification as being of general interest by a Spanish Government law requires the 5. The Generalitat has exclusive authority over meteorology and climatology and over prior consideration and report of the Generalitat - Spanish Government Bilateral Commission, meteorological and climatology services in Catalonia, including, in all cases, the supply of irrespective of whether it is a public work to be constructed or a work already in existence. meteorological and climatic information, including the forecasting, monitoring and follow-up of Likewise, through the Generalitat - Spanish Government Bilateral Commission the Generalitat meteorological risk situations, as also authority in relation to research in these fields and the participates in planning and programming public works to be constructed. preparation of climatic cartography. 3. The Generalitat is responsible, once the competent public authority has completed 6. TheGeneralitat participates in the international bodies that fulfil meteorological and construction of the work, for management of public services in its authority covering all public environmental protection functions, in co-operation with the Spanish Government, or works located in Catalonia. In the case of works classified as being of general interest by a autonomously if the rules of the body in question so permit. Spanish Government law or that affect another Autonomous Community, collaboration 7. The Generalitat exercises its authority by means of a Corps of Rural Agents responsible for agreements may be signed to manage the corresponding public services. supervision, control, protection, general prevention and co-operation in relation to environmental management. The members of this corps have the status of agents of the authority and exercise special administrative and judicial policing functions. ARTICLE 149. TERRITORIAL, COUNTRYSIDE AND COASTLINE PLANNING AND URBAN DEVELOPMENT 1. The Generalitat has exclusive authority over territorial and countryside planning, including, in ARTICLE 145. STOCK EXCHANGES AND CONTRACTING CENTRES all cases, the following matters: The Generalitat has shared authority over stock exchanges and contracting centres located in a) Establishment of guidelines for planning and management of the territory, of the countryside Catalonia, in accordance with the principles and the rules set out in the basic regulations and of the actions that affect them. governing stock exchanges. This authority includes in all cases: b) Establishment and regulation of the forms of territorial planning and of processing and a) Creation, naming, licensing and supervision of stock exchanges and organised negotiation approval procedures. systems. c) Establishment and regulation of the forms of protection of natural areas and biological b) Regulation and administrative measures for implementing the organisation, operation, corridors. discipline and sanctioning systems for bodies governing stock exchanges. d) Forecasts concerning the location of infrastructures and equipment. c) Control over issue, admission, suspension and exclusion, and establishment of additional e) Determination of specific measures for the promotion of territorial, demographic, socio- requirements, for the admission of securities to be negotiated exclusively in these markets, as economic and environmental balance. also inspection and controls. 2. Determination of locations for infrastructures and equipment under Spanish Government d) Accreditation of persons and bodies for membership of these markets. ownership in Catalonia requires the consideration and prior report of the Generalitat -Spanish e) Establishment of an additional system of incompatibilities in relation to administrators of Government Bilateral Commission. investment services companies that operate in Catalonia. 3. TheGeneralitat has exclusive authority over the planning of the coastline, including, in all f) Establishment of additional advertising and publicity mechanisms in relation to issues, agents cases, the following matters: and the operation of stock exchanges. a) Establishment and regulation of territorial planning and management instruments for g) Establishment of the security to be provided by members of the stock exchanges in order to coastline planning, and of the rules and zoning plans for beaches where infrastructures and guarantee operations awaiting settlement. installations are located and their use is determined, as also regulation of procedures for h) Regulated executive acts as established by Spanish government legislation. processing and approving these instruments, rules and zoning plans. CATALONIA TODAY 32 ESTATUT THURSDAY, NOVEMBER 3, 2005 b) Regulating management of the maritime-terrestrial public domain, and especially the issue of c) Regulation, inspection and executive action in regard to sanctioning procedure. licences and concessions and, in all cases, concessions for fixed structures in the sea. d) Guaranteeing the defence of competition in the exercise of commercial activity. c) Establishment and management of the economic and financial system governing the 3. The Generalitat participates in bodies at the Spanish and European maritime-terrestrial public domain. levels that are attributed with similar functions in regard to the promotion and defence of d) Execution of works and actions on the Catalan coastline. competition. 4. The Generalitat is responsible for implementation and management of works of general 4. The Generalitat has exclusive authority over the establishment and regulation of the Catalan interest on the Catalan coastline, in accordance with the provisions of Article 148. Court for the Defence of Competition, as an independent body with jurisdiction over the whole 5. The Generalitat has exclusive authority over urban development, including, in all cases, the of Catalonia, and exclusively dealing with economic activities, carried out principally in following matters: Catalonia, that affect or may affect free competition. It also deals with the establishment, a) Regulation of the system for urban development of land, including, in all cases, decisions as regulation, processing and resolution of proceedings brought before it. to the criteria for various kinds of land and land uses. b) Regulation of the legal land ownership system while respecting the basic conditions ARTICLE 155. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS established by the Spanish Government to guarantee equality in the exercise of the right to 1. The Generalitat has executive authority over intellectual property rights, including, in all property. cases, the following matters: c) Establishment and regulation of urban planning and management instruments, as also of the a) Establishment and regulation of a register of intellectual property rights generated in procedures for their processing and approval. Catalonia or owned by individuals normally resident in Catalonia, and inscription, modification d) Land and housing policy, regulation of publicly-owned land and housing, and the system for or cancellation of these rights, as also the administrative procedures necessary to guarantee administrative intervention in building, urban development and the use of land and the subsoil. their protection throughout Catalonia. The Generalitat shall inform the Spanish Government of e) Defence of legality in urban development, including, in all cases, urban inspections, orders for inscriptions made in its register with a view to their inclusion in the Spanish register, shall suspension of works and licences, measures to restore modifications in physical legality, as also collaborate in this process, and shall facilitate the exchange of information. discipline in urban development. b) Authorisation and revocation of bodies, collectively managing intellectual property rights, that 6. TheGeneralitat has shared authority over the right of reversion in relation to urban exercise mainly in Catalonia or that have a registered address in Catalonia and that do not development compulsory purchase orders, within the framework of State legislation governing exercise mainly in another Autonomous Community, as also inspection and control of the compulsory purchase orders. activity of those bodies that collectively manage these rights and exercise in Catalonia. 2. The Generalitat has executive authority over industrial property, including, in all cases, the following matters: ARTICLE 150. ORGANISATION OF THE CATALAN PUBLIC AUTHORITIES a) Establishment and regulation of a register of industrial property rights for physical or legal In relation to the organisation of the Catalan public authorities, and respecting the principle of persons with a registered address or normally resident in Catalonia; inscription, modification local autonomy, the Generalitat has exclusive authority over: and renewal of industrial property rights; definitive resolution of applications; and the a) The structure and regulation of public bodies and directives, as also their functioning and administrative procedures to guarantee these rights throughout Catalonia. The Generalitat shall territorial deployment. carry out this activity in the terms set out in Section 1.a) above. b) The various organisational and instrumental areas for administrative action, including forms b) The legal and procedural defence of Catalan place names used in industry. of public and private personification.

ARTICLE 156. PROTECTION OF PERSONAL DATA ARTICLE 151. TERRITORIAL ORGANISATION The Generalitat has executive authority in matters concerning the protection of personal data, The Generalitat has exclusive authority over territorial organisation and the population of the including, in all cases, the following matters: local government units, including, in all cases, the following matters: a) Regulation, inscription, control of files, and processing of personal data created or managed a) Determination, creation, modification and abolition of the government units that make up the by the public institutions of Catalonia, the Administration of the Generalitat, local public territorial organisation of Catalonia. authorities of Catalonia, autonomous bodies and public or private law bodies accountable to b) Creation, abolition and alteration of municipal boundaries, as also those of local government autonomous or local public authorities or that provide services or carry out activities on their units of lesser territorial scope; name, the capital and symbols for municipalities and other local own account by means of any form of direct or indirect management, as also the universities government units; place names; and the determination of special regimes. that make up the Catalan university system. c) Establishment of procedures for relations between local government units and the population. b) Regulation, inscription and control of files, and the processing of personal data created or managed by physical or legal persons in connection with matters that fall under the scope of the Generalitat or of local government units in Catalonia, and provided processing takes place in ARTICLE 152. PLANNING, REGULATION AND PROMOTION OF ECONOMIC Catalonia. ACTIVITY c) Inscription and control of files, and the processing of data created or managed by the public 1. TheGeneralitat may create a plan for economic activity, within the framework of guidelines set law bodies which exercise their functions exclusively within Catalan territory. by general Spanish Government planning. d) Establishment of an independent authority, appointed by Parliament, to oversee guarantees 2. The Generalitat is responsible for developing and managing general planning of economic as to the right to protection of personal data falling under the scope of the Generalitat. activity. This authority includes, in all cases: a) Enactment of Spanish Government plans. ARTICLE 157. PUBLICITY b) Participation in Spanish Government planning through the Generalitat -Spanish Government The Generalitat has exclusive authority over the regulation of publicity. Bilateral Commission. c) Acting as the ordinary administration in the management of these plans, including management of funds and resources of Spanish Government origin aimed at fostering ARTICLE 158. RESEARCH, DEVELOPMENT AND TECHNOLOGICAL INNOVATION economic activity. 1. The Generalitat has exclusive authority, in matters concerning scientific and technical research, over research centres and structures promoted by the Generalitat or in which it 3. The Generalitat has exclusive authority over planning and promotion of economic activity. participates, as also over projects financed by the Generalitat, including, in all cases, the following matters: ARTICLE 153. GENDER POLICIES a) Establishment of its own research lines and the monitoring, control and evaluation of The Generalitat has exclusive authority over gender policies, including, in all cases, the projects. following matters: b) Organisation, operational systems, control, monitoring and accreditation of centres and a) Planning, design, execution, evaluation and control over rules, plans and general guidelines structures located in Catalonia, including those that are privately-owned. regarding women’s policies, and also the establishment of positive action to remove gender- c) Coordination of research centres and structures in Catalonia. based discrimination, to be implemented uniformly throughout all of Catalonia. d) Regulation and management of grants and financial assistance to centres or projects that b) Promoting the formation of women’s associations that carry out activities related to equality come under the scope of the Generalitat. and non-discrimination, as also the promotion of participatory initiatives. e) Regulation and professional training of research personnel and research support staff in c) Regulation of measures and instruments for raising awareness of gender-based violence and centres and projects that come under the scope of the Generalitat. for detection and prevention, as also regulation of services and resources aimed at the f) Dissemination of science and the transfer of results. protection of women who have experienced or who experience gender-based violence. 2. Criteria for collaboration between the Spanish Government and the Generalitat in research, development and innovation policies shall be established within the framework of the ARTICLE 154. PROMOTION AND DEFENCE OF COMPETITION Generalitat - Spanish Government Bilateral Commission. Likewise, systems shall be established 1. The Generalitat has exclusive authority over the promotion of competition in economic for Generalitat participation, both in the establishment of policies in relation to these matters at a activities carried on principally in Catalonia. European Union level, and in other international bodies and institutions. 2. The Generalitat has shared authority in regard to defending competitivity in the exercise of economic activities that alter or may alter free market competition in Catalonia. This competition ARTICLE 159. LEGAL SYSTEM, LEGAL PROCEDURE, PUBLIC CONTRACTS, includes, in all cases: COMPULSORY PURCHASE AND RESPONSIBILITY IN CATALAN PUBLIC a) Regulation and executive action in regard to control over business concentration. AUTHORITIES b) Regulation and executive action in regard to control over assistance from public funds. 1. In matters concerning the legal system and legal procedure governing Catalan public CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 33 authorities, the Generalitat has exclusive authority over the following: functions in matters concerning religious bodies. a) The means necessary for exercising administrative functions, including the regime governing public and patrimonial property. ARTICLE 162. HEALTHCARE, PUBLIC HEALTH, PHARMACEUTICAL REGULATION b) Control, inspection and sanctioning powers in all material authority areas of the Generalitat. AND PHARMACEUTICAL PRODUCTS 2. In accordance with the principles established by basic Spanish Government legislation, and 1. The Generalitat has exclusive authority in matters of healthcare and public health over the in all matters relating to the legal system and legal procedure governing Catalan public following matters: authorities not referred to in Section 1 above, the Generalitat has shared authority over the legal a) Organisation, functioning, evaluation, inspection and control over healthcare centres, system governing public authorities and the common administrative procedure, thereby services and establishments, as also ownership of the property assigned to public healthcare guaranteeing equal treatment to those governed by all the public authorities. This authority services. includes, in all cases, the establishment of special procedures for exercising the full range of administrative powers. b) Pharmaceutical regulation. 3. In relation to public authority contracts in Catalonia, the Generalitat has the following powers: 2. TheGeneralitat has shared authority, in all matters relating to healthcare and public health not referred to in Section 1 above, in accordance with basic and general co-ordination principles, to a) Exclusive authority over organisation and responsibilities in matters involving contracting by be accomplished by means of minimum objectives and standards concerning healthcare in the Catalan public authority bodies and over rules for execution, modification and termination of following areas: contracts of the Administration, with due regard to the rights and obligations of contractors, to the prerogatives of the public authorities, to common reasons for contract termination, and to a) Planning, determination, regulation and implementation of public, social and mental health the regulation of principles of due process, equality, publicity and free competition. provisions and services, at all levels and for all citizens. b) Shared authority in all matters not attributed exclusively to the Generalitat according to a) b) Planning, determination, regulation and implementation of measures and actions aimed at above, in accordance with the principles established by Spanish Government legislation in preserving, protecting and promoting public health in all areas, including health at work, animal relation to public authority contracts. health with effects on human health, dietary health, environmental health and epidemiological vigilance. 4. In matters concerning compulsory purchase, the Generalitat has executive authority, in all cases, to: c) Planning of publicly covered healthcare resources and coordination of private healthcare activities with the public healthcare system. a) Define, regulate and determine cases, causes and conditions in which public authorities may exercise compulsory purchase powers. d) Specialist healthcare training, including accreditation and evaluation of teaching centres and units; planning of the availability of places for the training of specialists; management of b) Establish the rules for valuing the compulsorily purchased property according to the nature examinations for access to posts and of training programmes for specialities and other specific and social function to be fulfilled by this property, in accordance with the criteria established by areas; professional recognition of specialist qualifications obtained abroad, in accordance with the Spanish Government. the procedures established by the corresponding regulations; the issue of diplomas for areas of c) To create and regulate an entity of its own for determining a fair price and for establishing the specific training; and the establishment of access requirements based on basic content. corresponding fair pricing procedure. 3. The Generalitat has exclusive authority over the statutory system and the training of the staff 5. The Generalitat has exclusive authority, in matters of administrative and patrimonial employed in public healthcare system services . In relation to the acquisition and loss of civil responsibility, to determine shared power and procedures for establishment of the causes that service status by staff in the employ of the public authorities and their basic rights and may give rise to liability, as also of the criteria for imputation and compensation applicable in obligations, the Generalitat has shared authority within the principles established by basic relation to claims brought against the Generalitat, in accordance with the system of Spanish Government legislation. administrative responsibility established by Spanish Government legislation. 4. The Generalitat participates effectively, through the Generalitat -Spanish Government 6. The powers of the Generalitat as described in Sections 1, 3, 4 and 5 above shall be exercised Bilateral Commission, in setting the bases and in planning and State coordination in matters of with respect for the principle of local autonomy. healthcare and public health. 5. The Generalitat has executive authority for Spanish Government legislation on ARTICLE 160. LOCAL REGIME pharmaceutical products, for licensing centres in which pharmaceutical products are prepared, 1. The Generalitat has exclusive authority over the local regime, including, in all cases, the and for selection and registration of medicines. following matters: a) Relations between the institutions of the Generalitat and local government units, as also the ARTICLE 163. PRIVATE SECURITY methods for organisation and relations in regard to cooperation and collaboration between local The Generalitat has exclusive authority over private security, including, in all cases, the following government units and between these and the Administration of the Generalitat, and including matters: various forms of association, whether conventional, in the form of consortia, or joint working methods. a) Regulation of private security and the system of administrative supervision of security companies that operate in Catalonia and their staff. b) Determining the authority and powers of municipalities and of other local government units, in the areas specified in Article 84. b) Regulation and the system of administrative supervision of the physical persons who fulfil private security and investigative functions in Catalonia. c) The system of publicly-owned, communal and patrimonial property and the manner in which public services are provided. c) Regulation of the requirements and conditions for establishments and for physical or corporate bodies obliged to adopt security measures. d) Determining, at all times respecting the principle of local autonomy, the governing bodies for local government units established by this Estatut, as also for other complementary bodies, their d) Regulation of the training of personnel who fulfil private security and investigative functions. functioning, their system for adopting agreements, as also relations among them, and the e) Inspection and control of private security activities that take place in Catalonia. determination of a special statute for all elected local officials. f) Coordination of private security and investigation services with the police forces of the e) The regime governing complementary bodies in the organisation of local government units. Catalan public authorities. f) The procedure for preparation and approval of local rules. 2. The Generalitat has shared authority in all matters not covered by Section 1 above, including, ARTICLE 164. PUBLIC SECURITY in all cases, determination of the public functions which, of necessity, shall exist in all Catalan 1. The Generalitat has exclusive authority, in matters of public security, over the following: local government units, within the framework of the principles and objectives established by the Spanish Government. a) Definition and regulation of a public security system for Catalonia. 3. The Generalitat has shared authority over the direct electoral system for b) Creation, organisation and command of the Generalitat police force (Mossos d’Esquadra). municipalities and exclusive authority over the indirect suffrage electoral system in relation to c) General regulation and co-ordination of the local police forces. other local government units. 2. The Generalitat has executive authority, in matters of public security, public order and protection of the associated fundamental rights, deriving from the exercise of governmental ARTICLE 161. RELATIONS WITH RELIGIOUS BODIES authority, including, in all cases, the following matters: 1. The Generalitat has exclusive authority over religious bodies that are active in Catalonia, a) Governing functions over the exercise of the rights of assembly and demonstration. including, in all cases, regulation and the establishment of mechanisms for collaboration and co- b) Issue of official documentation, including passports and identity documents. operation for the accomplishment of activities falling under the scope of the Generalitat. c) Protection and prevention of tax fraud. 2. The Generalitat has shared authority over matters concerning religious freedom. The d) Implementation of a regime governing possession and use of arms, ammunition and Generalitat exercises this power with respect to direct development of the essential elements of explosives, their purchase for assignment to the police bodies of Catalonia, and the issue of the the law. This power includes in all cases: corresponding licences. a) Management of the Spanish register of religious bodies in relation to churches, religions, and e) Compliance with provisions for the conservation of nature, the environment and water religious communities active in Catalonia. The Generalitat shall inform the Spanish Government resources. of the inscriptions made in its register for their inclusion in the state register, shall collaborate in 3. The Generalitat participates, through a security committee with equal representation of the this process and shall facilitate the exchange of information. Generalitat and the Spanish Government and chaired by the Generalitat, in the co-ordination of b) Establishment of agreements and conventions for co-operation with the churches, religions, security policies and of the activity of the Spanish and Catalan police forces, in the exchange of and religious communities inscribed in the Spanish Register of Religious Bodies falling under information at the international level, and in collaboration and assistance in relations with the the scope of the Generalitat. police authorities of other countries. The Generalitat shall include representatives in all the c) Promotion, development and implementation, under the scope of the Generalitat, of delegations and all the working groups aimed at collaborative work with the police of other agreements and conventions signed between the Spanish Government and the churches, countries and in which Spain participates. religions, and religious communities inscribed in the Spanish Register of Religious Bodies. 4. The scope of action of the Generalitat police force (Mossos d’Esquadra) is the whole of 3. The Generalitat participates in the bodies at Spanish level to which have been attributed Catalan territory, in which it exercises all the functions proper to a general police force in the CATALONIA TODAY 34 ESTATUT THURSDAY, NOVEMBER 3, 2005 following fields: c) Establishment of additional conditions in the regulation of the transport contract. a) Public safety and public order. d) Regulation of urban transport and of occasional transport services for passengers in tourist b) Administrative policing, including that deriving from Spanish Government regulation. vehicles. c) Criminal policing and investigation, which includes the investigation of the various forms of e) Specific regulation of tourist transport, school transport or the transport of minors, health organised crime and terrorism. transport, funeral transport, transport of hazardous or perishable goods, as also of other transport requiring specific systems. d) Control and supervision of road traffic. f) Regulation of a system of arbitration in matters concerning transport. g) The power to set charges for land transport. ARTICLE 165. SOCIAL SECURITY 2. The Generalitat has executive authority for Spanish Government legislation in relation to land 1. The Generalitat has shared authority in matters of social security in accordance with the transport that has its origin and destination in Catalonia, even if not covering the territory principles established by basic Spanish Government social security legislation. This power completely, including, in all cases, the following matters: includes, in all cases: a) Management and licensing of regular passenger road transport services on routes that a) Regulation of the social security system. include a part of Catalonia. b) Organisation and administration of the resources and services that make up the social b) Administrative intervention for the provision of road transport services for goods and security system in Catalonia. passengers and for auxiliary and complementary activities, including services within the scope c) Regulation and exercise of all administrative powers over health funds for workplace of the European Union and other countries. accidents and occupational diseases, as also over the institutions, companies and foundations c) Road transport inspection, control and sanctioning. that collaborate with the social security system. d) Arbitration. d) Direction and inspection of the management and administration of financial provisions of the social security system. e) Professional training for road transportation, including the transport of hazardous goods, and auxiliary and complementary activities. e) Regulation of the inscription of companies and affiliations, of registrations and de- registrations and of other actions to incorporate businesses and freelance and contracted f) Exercising planning powers in collaboration with the Spanish Government. workers. 3. The integration of transport lines or services that run entirely within Catalonia into lines or 2. The Generalitat is responsible for management of financial services within the social security services of greater scope requires the prior agreement of the Generalitat. system, including recognition and management of financial provision in the social security 4. The Generalitat participates in the establishment of railway services that guarantee system and the organisation of these services. connections with other Autonomous Communities or with international traffic and determines, with the Spanish Government, the appropriate forms of collaboration for integrated management of the railway network in Catalonia, within the framework of the Generalitat - ARTICLE 166. SOCIAL SERVICES, VOLUNTARY ACTIVITIES, MINORS AND FAMILIES Spanish Government Bilateral Commission. 1. The Generalitat has exclusive authority over the social services, including, in all cases, the 5. The Generalitat has exclusive authority over centres and operators of activities linked to the following matters: organisation of transport, logistics and distribution that are located in Catalonia, including, in all a) Regulation and planning of social services, technical and noncontributory financial provisions cases, the regulation and implementation of: of the social security system and financial provisions for purposes of assistance or a) Freight information and distribution centres located in Catalonia. complementary to other systems of public provision. b) Transport agencies, warehousing agents, distributors and forwarding agents with b) Regulation and planning of bodies, services and establishments,public and private, that headquarters in Catalonia. provide social services in Catalonia. c) Transport stations located in Catalonia. c) Regulation and approval of specific plans and programmes aimed at individuals and groups d) Rental of vehicles located in Catalonia. in a situation of poverty or of social need. 6. The Generalitat has executive administrative intervention authority over air transport. d) Supervision and control of private complementary social protection systems. 7. The Generalitat has exclusive authority over maritime and river transport that operates 2. The Generalitat has exclusive authority over voluntary activities, including, in all cases, entirely in continental waters or territorial waters of Catalonia, including, in all cases, the definition of the activity and regulation and promotion of actions aimed at solidarity and following matters: voluntary actions that are performed individually or through public or private institutions. a) Regulation, planning and management of maritime and river passenger transport. 3. TheGeneralitat has the following powers with regard to minors: b) Administrative intervention for the provision of services and the exercise of activities a) Exclusive authority over the protection of minors, including, in all cases, regulation of the connected to maritime and river transport. system for protection and of public institutions for protection and guardianship of vulnerable and at-risk minors. c) Requirements for the exercise of the activity. b) Executive authority of Spanish Government legislation concerning the criminal responsibility of minors. ARTICLE 170. WORK AND LABOUR RELATIONS c) The Generalitat participates, through the Generalitat - Spanish Government Bilateral 1. The Generalitat has executive authority in matters of work and labour relations, including, in Commission, in the preparation and reform of the criminal and procedural legislation that affects all cases, the following matters: powers governing minors. a) Establishment of its own labour relations framework. 4. The Generalitat has exclusive authority over the promotion of families and of childhood, b) Active employment policies, including the training of jobseekers and active workers, as also including, in all cases, social protection measures governing various forms of families and management of the appropriate subsidies. Training plans or activities that extend beyond the implementation and control over these measures. territorial scope of Catalonia shall be agreed with other Autonomous Communities affected or with the State, in accordance with the provisions of Article 115.2. ARTICLE 167. NATIONAL SYMBOLS c) Professional qualifications in Catalonia. The Generalitat has exclusive authority over the regulation, layout and preservation of the d) Employment brokerage, which includes regulation, licensing and control of employment national symbols of Catalonia, in accordance with the provisions of this Estatut. agencies with head offices in Catalonia. e) Enactment, in accordance with the regulations, of collective negotiation and registration of ARTICLE 168. PRISON SYSTEM collective bargaining agreements for companies that exercise their activity in Catalonia. 1. The Generalitat has executive authority for Spanish Government legislation in prison affairs, f) Procedures for regulating employment and for administrative action in collective transfers in including, in all cases, the following matters: the case of work centres located in Catalonia. a) The regulatory capacity to adapt prison regulations to the social reality of Catalonia. g) Prevention of work risks, and health and safety in the workplace. b) Entire management of prison activity in Catalonia, especially the management, organisation, h) Sanctioning infringements of the social order. regime, operation, planning and inspection of prison institutions of any kind located in Catalonia. i) Determining minimum services for strikes that take place in Catalonia. c) Planning, building and reform of the prison establishments located in Catalonia. j) Ensuring the legality of and, if necessary, the subsequent registration of collective bargaining d) Administration and management of real property and equipment resources and of material agreements for companies that exercise their activity principally in Catalonia. resources assigned to the Catalan prison administration. k) Regulation, control, co-ordination and monitoring of the management of the health funds for e) Planning and organisation of paid work for the prison population, and also implementation of workplace accidents and occupational diseases. alternatives to prison and rehabilitation activities. l) Management of passive policies, including, in all cases, management of provisions for 2. TheGeneralitat issues reports and participates in the procedure of granting pardons. unemployment and recognition and payment of provisions. m) Creation and regulation of instruments for labour conciliation, mediation and arbitration.

ARTICLE 169. TRANSPORT n) Determination of the annual calendar of public holidays to be observed throughout Catalan territory. 1. The Generalitat has exclusive authority over land transport of passengers and goods by road, 2. The Generalitat has exclusive authority over the public employment inspectorate, in railway and cable, for infrastructures that lie entirely within Catalan territory, irrespective of the accordance with the provisions of Article 136. ownership of the infrastructure. This power includes, in all cases: a) Regulation, planning, management, co-ordination and inspection of services and activities. b) Regulation of professional training and of administrative intervention in the exercise of ARTICLE 171. TOURISM transport activities. The Generalitat has exclusive authority in matters of tourism, including, in all cases, the CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 35 following matters: AUTONOMOUS COMMUNITIES a) Regulation and planning of the tourism sector. ARTICLE 175. INSTRUMENTS OF COLLABORATION BETWEEN THE GENERALITAT b) Promotion of tourism, which includes the signing of agreements with foreign organisations AND THE SPANISH GOVERNMENT and the creation of offices in other countries. 1. Within the scope of their respective powers, the Generalitat and the Spanish Government c) Regulation and classification of tourist companies and establishments and management of may sign collaboration conventions and make use of other collaboration instruments as the network of publicly-owned tourist establishments, including establishments in the network of considered appropriate for the accomplishment of objectives of common interest. Paradores Nacionales located in Catalonia. 2. The Generalitat may also collaborate with the Spanish Government through multilateral d) Regulation of the specific rights and obligations of users and providers of tourist services and bodies and procedures in areas and matters of common interest. of alternative means for conflict resolution. e) Teaching and training for areas of tourism that do not lead to the award of an official ARTICLE 176. EFFECTS OF THE COLLABORATION BETWEEN THE GENERALITAT qualification. AND THE SPANISH GOVERNMENT f) Establishment of criteria, regulation of conditions, implementation, and control over all public 1. The participation of the Generalitat in bilateral and multilateral bodies and mechanisms of lines of assistance to and promotion of tourism. collaboration with the Spanish Government and with other Autonomous Communities in no way detracts from its powers. 2. TheGeneralitat is not bound by decisions taken in the framework of multilateral collaboration ARTICLE 172. UNIVERSITIES mechanisms with the Spanish Government and with other Autonomous Communities when it 1. In matters of university education, the Generalitat has exclusive authority, without prejudice to has not manifested its agreement to these mechanisms. university autonomy, over: 3. The Generalitat may state its reservations in regard to agreements made in the framework of a) Programming and co-ordination of the Catalan university system. the multilateral collaboration mechanisms when these have agreements been made without its b) Creation of public universities and authorisation of private universities. approval. c) The legal system governing organisation and functioning of the public universities, including governance and representation bodies, and the approval of statutes for the public universities ARTICLE 177. SYSTEM FOR AGREEMENTS BETWEEN THE GENERALITAT AND THE and of rules for organisation and operation of the private universities. SPANISH GOVERNMENT d) Coordination of the procedures for access to the universities. 1. The legal system governing conventions signed by and in relation to the Generalitat shall be e) The legal framework governing university qualifications, in accordance with the principle of established by an Act of Parliament. university autonomy. 2. Conventions signed between the Government of the Generalitat and the Spanish f) Funding for universities and, where appropriate, regulation and management of State funds Government shall be published in the Official Gazette of the Generalitat de Catalunya within for university teaching. one month from signing. The date of publication of the convention in the Official Gazette of the g) Regulation and management of grants and scholarships and subsidies for university Spanish State determines their effect in relation to third parties. education and, where appropriate, regulation and management of State funds for this purpose. h) The system of remuneration of teaching and research staff employed by the universities and ARTICLE 178. CONVENTIONS AND AGREEMENTS WITH OTHER AUTONOMOUS the establishment of additional remuneration for teaching staff in permanent public employment. COMMUNITIES 2. The Generalitat has shared authority, in matters concerning university teaching, and without 1. The Generalitat may sign collaboration conventions and co-operation agreements with other prejudice to university autonomy, over all matter not referred to Section 1 above, including, in all Autonomous Communities in regard to matters of common interest. cases, the following matters: 2. Conventions and agreements with other Autonomous Communities may cover, among other a) Regulation of the requirements for the creation and recognition of universities and university matters, the creation of joint bodies and the establishment of joint projects, plans and centres and attachment of these centres to universities, as also for the creation and abolition of programmes. public universities and recognition and rescinding of the status of private universities that carry 3. Entry into conventions and agreements requires prior approval of the Parliament only in out their activity mostly in Catalonia. cases that affect legislative powers. In other cases, the Government shall inform the Parliament b) Appointment and removal of the capacity of public or private teaching centres to issue official of the signing of conventions and agreements within one month from the date of signature. university qualifications and creation, modification and abolition of university centres in public 4. Collaboration conventions signed by the Generalitat with other Autonomous Communities universities, as also recognition of these centres in private universities and the introduction and shall be notified to the Spanish Parliament and shall come into effect thirty days after abolition of teaching subjects. notification, unless the Spanish Parliament, having previously heard the Generalitat and, if c) Regulation of the system of access to the universities. appropriate, the Autonomous Communities involved, decides that these are to be classified as co-operation agreements that require the prior authorisation referred to in Article 145.2 of the d) Regulation of syllabuses in accordance with the principles and rules established in Spanish Constitution. Government legislation. 5. Conventions and agreements signed by the Generalitat with other Autonomous Communities e) Regulation of the system of contracted teachers and researchers and in permanent public shall be published, within forty-five days and one month respectively, counting from the day on employment. which they were signed, in the Official Gazette of the Generalitat de Catalunya. f) Evaluation and guarantees in relation to the quality and excellence of university teaching, as also of teaching and research staff. SECTION TWO. PARTICIPATION IN SPANISH GOVERNMENT DECISION-MAKING 3. Executive authority over recognition and issue of official university qualifications. INSTITUTIONS AND PROCEDURES ARTICLE 179. APPEARANCE OF SENATORS BEFORE THE PARLIAMENT ARTICLE 173. VIDEO SURVEILLANCE AND CONTROL OF SOUND AND Senators elected in Catalonia and those who represent the Generalitat in the Senate may RECORDINGS appear before the Parliament at their own request or at the request of the Parliament to report The Generalitat has exclusive authority over the use of video surveillance, sound controls, on their activity in the Senate, in the terms set out in the Parliament Regulation. recordings or other similar means, implemented by any police body or private company or establishment in the public sphere. The Generalitat shall exercise this power with due respect for essential fundamental rights. ARTICLE 180. APPOINTMENT OF MEMBERS OF THE CONSTITUTIONAL COURT AND OF THE GENERAL COUNCIL OF JUDICIAL POWER (BAR ASSOCIATION) The Generalitat shall participate in processes for appointing judges of the Constitutional Court TITLE V. GENERALITAT RELATIONS WITH THE SPANISH GOVERNMENT, WITH and members of the General Council of Judicial Power (Bar Association), and the Parliament OTHER AUTONOMOUS COMMUNITIES AND WITH THE EUROPEAN UNION, AND shall make proposals as to the appointment of members of these constitutional bodies which GENERALITAT ACTIONS ABROAD correspond to nominations to the Senate, under the terms established, respectively, by the CHAPTER I. GENERALITAT RELATIONS WITH THE SPANISH GOVERNMENT AND WITH appropriate organic legislation and by the Regulations of the Senate. OTHER AUTONOMOUS COMMUNITIES ARTICLE 174. GENERAL PROVISIONS ARTICLE 181. PARTICIPATION IN THE GENERAL REGULATION OF ECONOMIC 1. The Generalitat and the Spanish Government shall provide mutual assistance, and shall, ACTIVITY moreover, collaborate as and when necessary so as to effectively exercise their respective The Generalitat shall participate in any decision-making processes of the Spanish Government powers and defend their respective interests. that affect the general regulation of economic activity, within the framework of the procedures 2. The Generalitat may establish collaborative relations with other Autonomous Communities for and bodies established by Article 131.2 of the Constitution. the establishment of common policies, for the effective exercise of its powers and for the handling of matters of common interest, especially when these are supra-territorial in scope. ARTICLE 182. APPOINTMENT OF REPRESENTATIVES IN ECONOMIC AND SOCIAL The Generalitat shall provide the necessary assistance to other Autonomous Communities for BODIES the effective exercise of their powers. 1. The Generalitat appoints representatives in management bodies for the Bank of Spain, the 3. The Generalitat shall participate in any decision-making institutions, bodies and procedures Spanish Stock Market Commission and the Telecommunications Market Commission, for any of the Spanish Government that affect its powers, in accordance with the provisions of this entities that may replace them and for other Spanish entities that have regulatory functions in Estatut and the corresponding organic legislation. matters of economic and social relevance affecting the powers of the Generalitat, in the terms established by the applicable legislation. SECTION ONE. COLLABORATION WITH THE STATE AND WITH OTHER 2. The Generalitat appoints representatives in the management bodies for economic and energy CATALONIA TODAY 36 ESTATUT THURSDAY, NOVEMBER 3, 2005 entities, financial institutions and Spanish publicly-owned companies with powers that extend to ARTICLE 186. PARTICIPATION IN THE FORMATION OF THE SPANISH POSITION Catalan territory and which are not in the process of transfer, in the terms established by 1. The Generalitat participates in the formation of the Spanish position towards the European applicable legislation. Union, especially towards the Council of Ministers and in matters relating to the powers or 3. The Generalitat appoints representatives in the Accounts Tribunal, the Economic and Social interests of Catalonia, in the terms established by this Estatut, legislation on this matter, and in Council, the Taxation Agency, the Spanish Energy Commission, the Data Protection Agency, the agreements signed between the Spanish Government and the Generalitat. Radio and Television Council, in any bodies that may replace these, and in bodies created in 2. The Generalitat shall participate bilaterally in forming Spanish Government positions in these fields, under the terms established by the applicable legislation. regard to European affairs affecting it directly or exclusively, or, if this participation is not 4. The proposals or appointments referred to in Sections 1, 2 and 3 above shall be made by possible, through general procedures. Otherwise, participation shall take place in the framework Parliament or with its agreement, under the terms established by law. of established multilateral procedures. 5. The Generalitat may make proposals to the bodies referred to in Sections 1 and 2 above in 3. The position expressed by the Generalitat is binding on the formation of the Spanish position relation to decisions that have to be taken and that affect its powers. if it affects its exclusive and shared powers and if the European proposal or initiative could lead to financial or administrative consequences for Catalonia. In other cases, this position shall be 6. If the nature of the body so requires it, and if its main office is not in Catalonia, the Spanish heard by the Spanish Government. Governments shall create territorial offices of the bodies referred to in Section 1 above. The Generalitat participates in the appointment of the members of the delegations located in its 4. The Spanish Government shall in all cases provide the Generalitat with complete and up-to- territory, under the terms established by applicable legislation. date information about initiatives and proposals presented to the European Union. The Government of the Generalitat and the shall address, to the Spanish Government and the Spanish Parliament, as the case may be, observations and proposals that SECTION THREE.THE GENERALITAT -SPANISH GOVERNMENT BILATERAL they consider pertinent to said initiatives and proposals. COMMISSION

ARTICLE 183. FUNCTIONS AND COMPOSITION OF THE GENERALITAT -SPANISH ARTICLE 187. PARTICIPATION IN EUROPEAN INSTITUTIONS AND BODIES GOVERNMENT BILATERAL COMMISSION 1. Representatives of the Generalitat participate directly in all Spanish delegations to the 1. In accordance with the principles established by Articles 3.1 and 174, the Generalitat - European Union that deal with affairs within the scope of the powers of the Generalitat or that Spanish Government Bilateral Commission is the general and permanent framework for affect Catalan interests, and especially in delegations to the Council of Ministers and to relations between the Generalitat and the Spanish Government for the following purposes: consultative and drafting bodies of the Council and of the Commission. a) Participation and collaboration of the Generalitat in the exercise of Spanish Government 2. The Generalitat, within the scope of its exclusive powers, can act in representation of Spain powers affecting the autonomy of Catalonia. and, when appropriate, chair institutions and bodies, in accordance with the applicable b) Exchange of information and the establishment, when appropriate, of mechanisms for regulations. collaboration in the respective public policies of each and in matters of common interest. 3. The Generalitat, in agreement with the Spanish Government, appoints representatives in the 2. The functions of the Generalitat - Spanish Government Bilateral Commission are to framework of the permanent representation of Spain in the institutions and bodies of the deliberate, make proposals and, if appropriate, reach agreements in the cases described in this European Union. Estatut and, in general, in relation to the following areas: 4. The Parliament may establish relations with the in areas of common a) The preparation of Spanish Government regulatory projects that affect the powers and interest. interests of Catalonia, especially when these affect basic or organic rules and those that have the function of delimiting powers, in accordance with the Constitution and this Estatut. ARTICLE 188. PARTICIPATION IN CONTROLLING THE PRINCIPLES OF b) Programming of Spanish Government general economic policy in all matters affecting the SUBSIDIARITY AND OF PROPORTIONALITY interests and powers of the Generalitat, and the application and development of this policy, The Parliament shall be consulted before the Spanish Parliament makes any decision on especially in regard to Spanish Government decisions that affect energy markets and the European legislative proposals if these proposals affect the powers of the Generalitat, within the financial system. framework of the procedures for controlling the principles of subsidiarity and proportionality c) Promotion of appropriate measures to improve relations between the Spanish Government established by European Union law. and the Generalitat and to ensure more effective exercise of their respective powers in areas of common interest. ARTICLE 189. DEVELOPMENT AND APPLICATION OF EUROPEAN UNION LAW d) Conflicts over powers that arise between the two parties and the proposal, when appropriate, 1. The Generalitat applies and implements the law of the European Union within the scope of its of measures to resolve these. powers. The existence of a European regulation does not modify the internal distribution of e) Evaluation of the functioning of the collaboration mechanisms established between the powers established by this Estatut. Spanish Government and the Generalitat and the proposal of measures to improve this 2. If the implementation of European Union law requires the adoption of internal measures that collaboration. extend beyond Catalan territory which the competent Autonomous Communities are unable to f) Proposal of a list of economic bodies, financial institutions and Spanish publicly-owned adopt by means of collaboration or co-ordination mechanisms, the Spanish Government shall companies in which the Generalitat may appoint representatives, and the ways and means of consult the Generalitat about these circumstances before said measures are adopted. The this representation. Generalitat shall participate in the bodies that adopt these measures or, if this participation is g) Monitoring of European policy in order to ensure the effectiveness of the participation of the not possible, shall issue a prior report. Generalitat in the affairs of the European Union. 3. In the event that the European Union establishes legislation over matters with respect to h) Monitoring of external activities of the Spanish Government that affect the powers of the which the Spanish Government makes available to Catalonia the power to set its bases, the Generalitat. Generalitat may directly adopt the development legislation from the European rules. i) Questions of common interest established by law or raised by the parties. 3. The Generalitat -Spanish Government Bilateral Commission is made up of an equal number ARTICLE 190. MANAGEMENT OF EUROPEAN FUNDS of representatives of the Spanish Government and of the Generalitat. It is chaired alternately by 1. The Generalitat is responsible for the management of European funds in matters within its the two parties for periods of one year. The Commission has a permanent secretariat and may power. create sub-committees and committees as deemed necessary. The Bilateral Commission 2. The management of these funds, in the scope of the legislative powers of the Generalitat, prepares an annual report, which it submits to the Spanish Government, and to the Government includes the ability to decide on the particular destination, conditions of allocation, regulation of and Parliament of the Generalitat. the grant procedure, processing, payment, control and inspection. In the scope of the executive 4. The Generalitat - Spanish Government Bilateral Commission meets in plenary session at powers of the Generalitat, the management of these funds least twice a year and whenever either of the parties requests a meeting. includes, at least, the regulation of the grant procedure, processing, payment, control and 5. Internal regulation and functioning of the Generalitat - Spanish Government Bilateral inspection. Commission is by agreement between both parties. 3. In the event that European funds cannot be allocated according to territories, the Spanish Government shall provide reasons and grounds in law for this circumstance, and the Generalitat shall participate in the bodies or procedures established for distribution. The Generalitat’s CHAPTER II. RELATIONS OF THE GENERALITAT WITH THE EUROPEAN UNION participation is binding on the Spanish Government in the event that the funds affect the ARTICLE 184. GENERAL PROVISION exercise of exclusive powers. In all cases the Generalitat shall have authority over processing, The Generalitat shall participate, under the terms established by this Estatut, in affairs payment, control and inspection. connected with the European Union that affect the powers or interests of Catalonia. ARTICLE 191. ACTIONS BEFORE THE COURT OF JUSTICE ARTICLE 185. PARTICIPATION IN THE TREATIES OF THE EUROPEAN UNION 1. The Generalitat has direct access to the Court of Justice of the European Union in the terms 1. The Generalitat shall be informed by the Spanish Government of initiatives for review of the established by European regulations. treaties of the European Union and of subsequent processes for signing and ratification. The 2. The Government of the Generalitat may call on the Spanish Government and the Committee Government of the Generalitat and the Parliament shall address, to the Spanish Government of the Regions to bring actions before the Court of Justice of the European Union in defence of and to the Spanish Parliament, the observations that it considers fit for that purpose, which are the legitimate interests and powers of the Generalitat. The Generalitat directs the legal defence binding in the case of exclusive powers. of its position in the proceedings. 2. The Spanish Government shall include representatives of the Generalitat in Spanish 3. The Spanish Government may refuse to bring the requested actions only in a case of serious delegations taking part in processes for reviewing and negotiating original treaties and for the damage to the policy of integration. Said refusal, moreover, must be justified, and shall imply adoption of new treaties. automatic convening of the Generalitat - Spanish Government Bilateral Commission. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 37

ARTICLE 192. GENERALITAT DELEGATION TO THE EUROPEAN UNION ARTICLE 202. PRINCIPLES 1. TheGeneralitat shall establish a delegation to the institutions of the European Union. 1. Within the framework established by the Constitution, taxation and financial relations between 2. The staff of the Generalitat delegation to the European Union has a status similar to that of the Spanish Government and the Generalitat are regulated by this Estatut. the representations of the Spanish Government to the European Union. 2. The funding of the Generalitat is governed by the principles of financial autonomy, coordination, solidarity and transparency in fiscal and financial relations between the public authorities, as also by the principles of sufficiency of resources, fiscal responsibility, equity and ARTICLE 193. ELECTORAL CONSTITUENCY FOR THE EUROPEAN PARLIAMENT institutional loyalty between public authorities. The electoral organic law shall make provisions so that Catalan territory, by itself or together 3. The development of this matter is the responsibility of the Spanish Government - Generalitat with the territories of other neighbouring Autonomous Communities, may constitute a Joint Economic and Fiscal Affairs Commission, in accordance with the principle of bilateralism. constituency for elections to the European Parliament. 4. In application of the principles of proximity and of subsidiarity, in the event of a conflict of rules with the legislation of the Spanish Government, the provisions of this Estatut prevail. CHAPTER III. EXTERNAL ACTIONS OF THE GENERALITAT ARTICLE 194. GENERAL PROVISIONS ARTICLE 203. THE RESOURCES OF THE GENERALITAT 1. The Generalitat shall encourage the projection of Catalonia and promote its interests abroad. 1. The Generalitat has autonomous finances and sufficient financial resources for the proper 2. The powers of the Generalitat include the capacity to carry out the external actions that are exercise of self-government. inherent to each of the said powers, directly or, as appropriate, through the Spanish 2. The Generalitat enjoys full autonomy of expenditure so that it can use and apply its resources Government. freely, in accordance with the political and social guidelines set by its self-government institutions. ARTICLE 195. DELEGATIONS ABROAD 3. The financial resources of the Generalitat consist of: 1. In order to promote the interests of Catalonia, the Generalitat may establish delegations or a) Taxation revenues, special charges and other taxes raised in Catalonia. representative offices abroad. b) Spanish Government taxation revenues paid in Catalonia and classified as ceded, in 2. The staff of the delegations of the Generalitat abroad have the necessary status to perform accordance with the provisions of this Estatut. their functions. c) Surcharges on Spanish Government taxes. d) Revenues arising from the inter-territorial compensation fund and from other allocations established by the Constitution, as appropriate. ARTICLE 196. COLLABORATION AGREEMENTS e) Other transfers and allocations charged to the general budget of the Spanish Government. In order to promote the interests of Catalonia, the Generalitat may sign collaboration agreements falling within the scope of its powers. For this purpose, the external representative f) Incomes from payments for public services. bodies of the Spanish Government shall provide the necessary support for the initiatives of the g) Incomes earned on resources of the Generalitat . Generalitat. h) Private law income. i) Income yielded by debt issues and credit operations. ARTICLE 197. TREATIES AND INTERNATIONAL CONVENTIONS j) Revenues arising from fines and sanctions applied within the scope of its powers. 1. The Generalitat shall be informed in advance by the Spanish Government of the negotiation k) Resources originating from the European Union and from community programmes. processes for treaties and international conventions, if they affect the powers or the interests of l) Any other resource that may be established in virtue of the provisions of this Estatut and the Catalonia. The Government of the Generalitat and the Parliament may address, to the Spanish Constitution. Government and to the Spanish Parliament, the observations that they consider relevant to these matters. 2. The Generalitat shall participate in the negotiation processes for the treaties and international ARTICLE 204. FINANCIAL POWERS conventions that affect its powers. This participation involves, in all cases, the inclusion of a 1. The Generalitat has the ability to determine the volume and composition of revenues falling representative of the Generalitat in the negotiating delegation and the binding report of the within the scope of its financial powers, and also to freely apply its resources to expenditure Parliament when exclusive powers are involved. items as it deems fit. 3. The Generalitat may request the Spanish Government to sign international conventions and 2. The Generalitat has regulatory capacity and fiscal responsibility over each and every Spanish treaties on matters of interest to Catalonia, or request the latter to ask for the authorisation of Government tax paid in Catalonia, within the framework of the powers of the Spanish the Spanish Parliament to sign such international conventions and treaties. In the case of Government and of the European Union. exclusive powers, the Generalitat may sign international pre-conventions that require 3. The exercise of the regulatory capacity referred to in Section 2 above, within the framework of authorisation by the Spanish Government. the powers of the Spanish Government and of the European Union, includes, in all cases, 4. The Generalitat may request the authorisation of the Spanish Government to sign, in the participation in establishment of the tax rate, exemptions, reductions and rebates on the tax name of the Government, treaties and international conventions in areas affecting its powers. base and deductions in the quota. 5. The Generalitat shall, within the scope of its powers, adopt the measures necessary to 4. The Generalitat is responsible for the management, collection, liquidation and inspection of all perform any obligations arising from treaties and international agreements ratified by Spain or Spanish Government taxes paid in Catalonia. binding on the Spanish Government. 5. The Generalitat has the authority to establish, by means of an Act of Parliament, its own taxes, over which it has full regulatory capacity. ARTICLE 198. CROSS-BORDER, INTER-REGIONAL AND DEVELOPMENT CO- 6. The regulatory capacity of the Generalitat to act in the taxation sphere is based on the OPERATION principles of equity and efficiency. In its taxation policies, the Generalitat promotes social cohesion and welfare, economic progress and environmental sustainability. 1. The Generalitat shall promote co-operation and establish appropriate relations with the European regions with which it shares economic, social, environmental and cultural interests. 2. The Generalitat shall promote cooperation with other territories, under the terms established ARTICLE 205. THE TAXATION AGENCY OF CATALONIA in Section 1 above. 1. The management, collection, settlement and inspection of all taxes paid in Catalonia is the 3. The Generalitat shall promote programmes of cooperation for development. responsibility of the Taxation Agency of Catalonia, except for local taxes. 2. The Taxation Agency of Catalonia is created by an Act of Parliament, with full capacity and powers for the organisation and the exercise of the functions referred to in Section 1 above. For ARTICLE 199. PARTICIPATION IN INTERNATIONAL BODIES this purpose, the Taxation Agency of Catalonia and the Taxation Authority of the Spanish The Generalitat shall participate in the competent international bodies in matters of relevance Government co-operate and sign agreements and make use of any other means of Catalonia, especially UNESCO and other cultural bodies, autonomously if the appropriate collaboration that they consider pertinent. regulations so permit, or, in all cases, forming part of the Spanish delegation. 3. The Taxation Agency of Catalonia may have delegated to it, by the municipalities, tax management functions in relation to local taxes. ARTICLE 200. COORDINATION OF EXTERNAL ACTIONS Within the scope of its powers the Generalitat shall encourage and coordinate the external ARTICLE 206. ECONOMIC-ADMINISTRATIVE BODIES actions of the local government units and of other public bodies and government units in The Generalitat shall assume, by means of its own economic-administrative bodies, the Catalonia, without prejudice to their autonomy. administrative review of claims that may be made by taxpayers against the acts of taxation management ruled by the Taxation Agency of Catalonia. ARTICLE 201. INTERNATIONAL PROJECTION OF CATALAN ORGANISATIONS The Generalitat shall promote the international projection of social, cultural and sporting ARTICLE 207. CATALAN CONTRIBUTION TO THE FINANCES OF SPAIN organisations in Catalonia and, if appropriate, their affiliation to relevant bodies at the The Catalan contribution to the finances of Spain consists of a contribution to the expenses of international level, within the framework of the fulfilment of their objectives. the State and a contribution to solidarity and to levelling mechanisms, in accordance with the provisions established in this Title. TITLE VI. FUNDING OF THE GENERALITAT AND THE CATALAN CONTRIBUTION TO THE STATE FINANCES ARTICLE 208. CONTRIBUTION TO THE EXPENSES OF THE SPANISH GOVERNMENT CHAPTER I. THE FINANCES OF THE GENERALITAT Part of the income from taxes ceded to Catalonia is allocated to the Spanish Government for CATALONIA TODAY 38 ESTATUT THURSDAY, NOVEMBER 3, 2005 the funding of its services and its powers, according to the procedure established in Articles 210 the criteria for fiscal co-ordination and harmonisation in accordance with the characteristics or and 214. the nature of the taxes ceded. c) Negotiating Catalonia’s percentage of participation in the territorial distribution of European ARTICLE 209. CONTRIBUTION TO SOLIDARITY AND TO LEVELLING MECHANISMS structural funds. The Generalitat contributes in solidarity with the other Autonomous Communities, in order that d) Assessing, at five-yearly intervals, with a minimum advance notice of three months with the services provided by the different autonomous governments to their citizens may reach respect to updates to the funding system, the services and the powers exercised by the Spanish similar levels and provided that they make a similar fiscal effort. To this end, the Generalitat Government, as referred to in Article 208. contributes resources to the solidarity mechanisms established by the Constitution and, as e) Applying the updating mechanisms established by Article 212. appropriate, receives others, in accordance with the criteria and procedures established in f) Agreeing the mechanisms for funding for the casual expenses referred to in Article 223.5. Articles 210 and 214. g) Agreeing theGovernment to the valuation for transfers of services from the Spanish Generalitat. ARTICLE 210. DETERMINATION AND CALCULATION OF THE CATALAN 3. The Spanish Government - Generalitat Joint Economic and Fiscal Affairs Commission shall CONTRIBUTION TO THE FINANCES OF SPAIN determine the co-operation measures necessary to ensure balance in the funding system In calculating the Catalan contribution to the finances of Spain, the following criteria shall be established according to this Title when this may be altered by Spanish Government or taken into account: European Union legislative decisions that affect the taxes ceded. In the case of Spanish One. With regard to the contribution to the expenses of the Spanish Government, determined by Government legislative decision, the co-operation measure shall be agreed before approval of Article 208, the percentage share corresponding to the Spanish Government in the different said decision. taxes ceded for the funding of its services and its powers and the proportion corresponding to 4. The Catalan component of the Spanish Government -Generalitat Joint Economic and Fiscal Catalonia shall be decided. Affairs Commission is accountable to Parliament concerning compliance with the requirements Two. With regard to the contribution to solidarity and to levelling mechanisms, the agreements of this chapter. for development and application of the principles contained in Article 209 shall establish the appropriate financial levelling mechanisms, in accordance with the principle of transparency and in conformity, moreover, with the following criteria: CHAPTER II. THE BUDGET OF THE GENERALITAT a) Resources contributed or received by the Generalitat in relation to this solidarity shall be ARTICLE 215. POWERS OF THE GENERALITAT established in view of its expenditure needs and fiscal capacity, determined in relation to the The Generalitat has exclusive authority in planning and regulating its finances. average for the Autonomous Communities and with an established degree of progressiveness. b) Equity criteria, measured in relative population terms, and economic efficiency criteria, ARTICLE 216. THE BUDGET OF THE GENERALITAT measured in terms of and relative fiscal effort. The revenues of the Generalitat budget is annual, unique and includes all expenses and c) The greater fiscal effort of the citizens of Catalonia, calculated on the basis of the difference Generalitat, and also those of the bodies, institutions and companies that are accountable to it. between taxes paid in Catalonia and the average for the Autonomous Communities, must The Government is responsible for drawing up and executing the budget, and Parliament is translate into a greater financial capacity and increased revenues for the Generalitat, within established margins. In order to calculate fiscal effort, consideration shall be given to private responsible for examining, amending, approving and controlling the budget. The budget act prices for public services already paid for in Catalonia. cannot create taxes, but can modify them if a substantive tax law so establishes. d) In no circumstances shall the application of the levelling mechanisms alter the position of Catalonia in terms of the income per capita order among the Autonomous Communities before ARTICLE 217. RESORT TO DEBT levelling. 1. The Generalitat may have recourse to loans and may issue public debt to finance investment e) The result of the solidarity mechanisms shall be assessed every five years to verify their expenditure, within the limits set by the Generalitat itself and respecting the general principles effects. established by the Spanish Government. 2. The securities issued shall, for all purposes and effects, be considered as public funds and ARTICLE 211. FISCAL TREATMENT shall enjoy the same benefits and conditions as those issued by the Spanish Government. The Generalitat enjoys the fiscal treatment established by law for the Spanish Government in State taxes. ARTICLE 218. BUDGET STABILITY The Generalitat is responsible for setting limits and conditions to achievement of the aim of ARTICLE 212. UPDATING OF FUNDING budget stability, within the basic principles established by the Spanish Government and the 1. The Spanish Government and the Generalitat shall establish a mechanism for five-yearly regulations of the European Union. updating of the funding system, taking into account the evolution of the available public resources as a whole and that of the expenditure needs of the different public authorities. This ARTICLE 219. THE ASSETS OF THE GENERALITAT mechanism shall be applied without prejudice to continuous updating of the resources provided by the funding system during the five-year period. By agreement between the Spanish 1. The assets of the Generalitat consist of the goods and rights that it owns and those that it Government and the Generalitat, said updating may be carried out prior to the end of the five- acquires by any legal title. year period. 2. An Act of Parliament shall regulate the administration, protection and preservation of the 2. The application of the criteria for contribution to Spanish finances shall be updated every five assets of the Generalitat. years, in accordance with the provisions of this Estatut. If no agreement is reached in this respect by the Spanish Government -Generalitat Joint Economic and Fiscal Affairs ARTICLE 220. PUBLICLY-OWNED COMPANIES Commission, the existing criteria shall be automatically extended. The Generalitat may form publicly-owned companies to fulfil the functions that are within its powers, as established in the Acts of Parliament. ARTICLE 213. INSTITUTIONAL LOYALTY In accordance with the principle of institutional loyalty, the Spanish Government shall guarantee CHAPTER III. LOCAL GOVERNMENT FINANCES the sufficiency of financial resources for the Generalitat in cases in which the general provisions approved by the Spanish Government imply an increase in expenditure needs or a decrease in ARTICLE 221. GOVERNING PRINCIPLES the fiscal capacity of the Generalitat. Local finances are governed by the principles of sufficiency of resources, equity, autonomy and fiscal responsibility. The Generalitat oversees the fulfilment of these principles. ARTICLE 214. THE SPANISH GOVERNMENT -GENERALITAT JOINT ECONOMIC AND FISCAL AFFAIRS COMMISSION ARTICLE 222. AUTONOMY AND FINANCIAL POWERS 1. The Spanish Government - Generalitat Joint Economic and Fiscal Affairs Commission is the 1. Local governments have autonomy over their budget and the use and application of their bilateral body for relations between the Administration of the Spanish Government and the resources, including their share of the budgets of other public authorities, which they may Generalitat in the field of funding for the Catalan Autonomous Community. It is responsible for dispose of freely in the exercise of their powers. determination, development, updating and monitoring of the funding system, and also for channelling the entirety of fiscal and financial relations between the Generalitat and the Spanish 2. The Generalitat has authority, in matters of local financing, within the framework established Government. It consists of an equal number of representatives of the Spanish Government and by the Constitution. This authority includes, in all cases, the legislative capacity to establish and of the Generalitat. Presidency of this Joint Commission rotates between the two parties for regulate the taxes due to local governments and the criteria for distribution of the their share of terms of one year. Internal regulation and functioning of the Commission is by agreement the budget of the Generalitat . between the two delegations. The Spanish Government -Generalitat Joint Economic and Fiscal 3. The local governments are enabled to regulate their own finances within the framework of the Affairs Commission performs its functions without prejudice to agreements signed by the law. This capacity includes the power to set the quota or rate of local taxes, as also rebates and Government of Catalonia in this matter within multilateral institutions and bodies. exemptions, all within the limits established by law. 2. The Spanish Government - Generalitat Joint Economic and Fiscal Affairs Commission is 4. The local governments have the authority, within the framework established by regulations responsible for: governing the local taxation system, to manage and collect their taxes and implement a) Determining the Catalan contribution to the finances of the Spanish Government, in inspections, although they may delegate this function to the Generalitat and may participate in accordance with the provisions of Articles 207, 208, 209 and 210. the Taxation Agency of Catalonia. b) Establishing the mechanisms for collaboration between the Taxation Agency of Catalonia and 5. TheGeneralitat is exclusively responsible for financial supervision of local governments, the Taxation Administration of the Spanish Government, as referred to in Article 205, and also respecting their autonomy as recognised by the Constitution. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 39

ARTICLE 223. SUFFICIENCY OF RESOURCES Parliament shall appoint a delegation to present the proposed reform of the Estatut to the 1. TheGeneralitat shall establish a local co-operation fund for local governments. The fund, Congress and the Senate. If the Congress and the Senate ratify the proposed reform of the which is unconditional, shall be funded from the general taxation revenues of the Generalitat Estatut, the corresponding organic law is considered to have been passed. and shall be regulated by an Act of Parliament. Additionally, the Generalitat may establish e) If the procedure set out in paragraph d is not applied or if the proposal for the Estatut is not specific financial co-operation programmes for concrete matters. ratified, a paritary joint commission shall be constituted, consisting of members of the 2. Local government revenues which consist of shares in taxes and in unconditional Spanish competent commission of the Congress of Deputies and a delegation from Parliament Government subsidies are received through the Generalitat, which shall distribute them in proportionally representative of parliamentary groups, to formulate a joint proposal by common accordance with the law governing local finances in Catalonia and in accordance with the agreement in the period of two months, and applying the procedure established by the standing principles, aims and minimum standards set by the Spanish Government in the rules with legal orders of the Congress of Deputies. scope referred to in Article 111, which, in all cases, shall allow suitable margins for Parliament f) The presentation of the proposed reform of the Estatut to the Senate shall follow a similar to be effectively involved in the distribution of these resources. procedure to that established in paragraph e above, and according to the terms of the standing 3. Compensation shall be arranged for any decrease in local taxation revenues implied by orders of the Senate. In this case, the delegation from Parliament, adapted as appropriate, shall modifications to the regulatory framework. constitute, together with members of the competent commission of the Senate, a paritary joint commission to formulate a joint proposal by common agreement. 4. Local governments are guaranteed sufficient resources to be able to provide the services, the ownership or management of which is transferred to them. Any new attribution of powers shall g) The delegation from Parliament shall make its own decisions with a two-thirds majority. be accompanied by allocation of the additional resources necessary to fund this properly, in h) If the paritary joint commission is unable to formulate a joint proposal, the proposed reform of such a way as to take into account funding of the total and effective cost of the transferred the Estatut shall be processed in accordance with the ordinary procedure established by the services. Compliance with this principle is a necessary condition for the transfer or delegation of respective parliamentary standing orders. a responsibility to take effect. To this end various forms of funding may be established, including i) Parliament may, by an absolute majority of its members, withdraw a proposal for reform that it participation in the financial resources of the Generalitat or, as appropriate, of the Spanish has already approved at any time during presentation to the Spanish Parliament and before this Government. is definitively approved. Withdrawal of the proposed reform shall in no case involve the 5. Suitable financial mechanisms shall be established to compensate local governments for application of the provisions of Section 2 below. funding expenditure that is not specifically attributed to them by law and which respond to j) Approval of the reform by the Spanish Parliament by means of an organic law implies consolidated social needs not dealt with by other public authorities. With regard to casual convening by the Generalitat, in a maximum period of six months, of the referred to expenditure corresponding to the Spanish Government, these mechanisms shall be agreed in paragraph b above. within the framework established by Article 214.2. 2. If the proposed reform is not approved by the Parliament, by the Spanish Parliament or by the 6. The distribution of resources originating from unconditional subsidies or from general electorate, it may not be submitted again for debate and voting by the Parliament until one year participation in taxes shall be carried out in view of the fiscal capacity and the expenditure has elapsed. needs of local governments, while guaranteeing sufficiency in all cases. 7. The distribution of resources among local governments shall in no circumstances involve a reduction in the resources obtained by each, in accordance with the criteria used in the financial ADDITIONAL PROVISIONS accounting periods before the requirements of this Estatut take effect. ONE. RECOGNITION AND UPDATING OF HISTORIC RIGHTS The acceptance of the system of autonomy established in this Estatut does not imply the ARTICLE 224. LOCAL FINANCE LAW renunciation by the Catalan people of the rights which, as such, are theirs by virtue of Catalan history, which may be brought up to date in accordance with the content of the First Additional 1. Parliament shall pass its own local finance act to enact the principles and the provisions Provision of the Constitution. established by this chapter. 2. Powers over local finances attributed by this chapter to the Generalitat shall be exercised with due respect for local autonomy and with due consideration being given to the views of the TWO. APPOINTMENT OF SENATORS Council of Local Governments, as established by Article 85. 1. The Parliament appoints Senators to represent the Generalitat in the Senate, under the terms established by legislation approved by the absolute majority of the Parliamentary plenum in a final vote on the text as a whole. The appointment shall take place in a specially convened ARTICLE 225. THE LAND REGISTRY session and in proportion to the number of deputies for each parliamentary group. The Generalitat is responsible, within its territory, for the regulation and management of the land 2. The Parliament shall, by means of legislation approved by an absolute majority in a final vote registry, without prejudice to the coordinating function of the Spanish Government, under the on the text as a whole, bring the rules relating to the election of the Senators in line with the terms established by the Constitution. In order to manage the land registry, the Generalitat may constitutional reform of the Senate, inasmuch as it is required to do so. sign agreements with local governments.

THREE. ASSUMPTION OF POWERS BY ARTICLE 150.2 OF THE CONSTITUTION TITLE VII. REFORM OF THE ESTATUT 1. The Generalitat, in the terms established in Section 2 below, exercises its powers in the ARTICLE 226. REFORM OF THE TITLES THAT DO NOT AFFECT RELATIONS WITH following matters: THE SPANISH GOVERNMENT a) Management powers in matters concerning ports of general interest located in Catalonia, 1. The reform of Titles I and II of the Estatut shall conform to the following procedures: which in all cases include: implementation of Spanish Government port legislation and policy, a) The initiative for reform lies with the Parliament of Catalonia, on the proposal of one-fifth of its and the direction, coordination, operation, preservation and administration of ports of general members, and with the Government of the Generalitat. The municipal councils of Catalonia may interest in Catalonia and of the services they provide. propose the initiative for reform to the Parliament at the request of a minimum of 20% of the b) State powers of management of airports of general interest located in Catalonia, which municipal councils, representing at least 20% of the population. It may also be proposed by include, in all cases, implementation of Spanish Government airport legislation and policy, and 300,000 accredited signatures of persons entitled to vote for Parliament. Parliament shall the direction, coordination, operation, preservation and administration of the airports of general regulate these two procedures to propose that the initiative of reform be put into practice. interest in Catalonia and of the services they provide. b) The approval of reform requires the favourable vote of two-thirds of the members of - c) Management powers over the telecommunications infrastructures located in Catalonia, Parliament, submission for consultation to the Spanish Parliament, ratification by the Spanish including management of the radioelectric public domain. Parliament by means of an organic law, and approval in a referendum by the Catalan electorate. d) The authority to convene popular consultations through a referendum, except for the forms of c) If within thirty days of receipt of the request for consultation established in paragraph b above, referendum established by the Constitution and those expressly reserved by the Constitution for the Spanish Parliament declares itself affected by the reform, it shall follow the procedure convening by the Head of State. established in Article 227. e) Powers to execute Spanish Government legislation over the system for temporary and d) Once the reform has been ratified by the Spanish Parliament, the Generalitat shall submit it permanent residence of foreign nationals, which in all cases include processing and resolution to a referendum. of permits and appeals in relation to these cases. 2. If the proposed reform is not approved by the Parliament or by the electorate, it cannot be re- f) Powers to execute Spanish Government legislation over the system for sanctioning foreign submitted or debate and voting by the Parliament until one year has elapsed. nationals, which includes processing, resolution and the implementation of sanctioning processes established by the regulations governing foreign nationals, except those relating to ARTICLE 227. REFORM OF THE OTHER TITLES border controls. 1. Reform of the Titles of the Estatut not included in Article 226 shall conform to the following g) The selection of foreign national workers in their countries of origin and destined for procedure: Catalonia. a) The initiative for reform lies with the Parliament, the Government of the Generalitat and the h) implementation of Spanish Government legislation in matters of traffic, circulation of vehicles Spanish Parliament. The municipal councils and individuals entitled to vote for Parliament may and road safety in Catalonia. This power includes, as well as those already transferred by propose that the Parliament exercise the initiative for reform under the terms established by Organic Law 6/1997, of the 15th , the following powers: issue, review and exchange Article 226.1.a. of permits and licences to drive motor vehicles and motorcycles, and also cancellation, examination or revocation and, if appropriate, suspension in the event of sanctionable offences b) The approval of the reform requires the favourable vote of two-thirds of the members of or as a precautionary measure; registration and issue of driving permits or licences, and also Parliament, approval of the Spanish Parliament by means of an organic law and, finally, cancellation, examination or revocation, and in consequence, the authorisation of transfers, approval in a referendum by the electorate. duplicates and de-registration of motor vehicles and motorcycles, and also the issue of c) Once the proposed reform of the Estatut has been approved, Parliament shall refer it to the temporary permits; sanctioning of infringements of traffic regulations, vehicle circulation Congress of Deputies. regulations and road safety regulations; performance of tests to verify fulfilment of requirements, d) The proposed reform may be submitted to a vote of ratification by the Congress and Senate aptitudes and knowledge to obtain a driving permit and driving licence for motorcycles, and in accordance with the procedure established in the respective parliamentary standing orders. authorisations for special or urgent transport and other special authorisations that have their CATALONIA TODAY 40 ESTATUT THURSDAY, NOVEMBER 3, 2005 origin or destination in Catalonia. TEMPORARY PROVISIONS i) Regulation of the conditions for obtaining, issuing and recognising academic and professional ONE. ADAPTATION OF THE LAWS AND RULES WITH LEGAL SCOPE qualifications. 1. Acts of the Parliament and the rules of the Government with legal scope that are valid when j) Definition of the territorial demarcations of the jurisdictional bodies of Catalonia and of judicial this Estatut comes into effect and which might be incompatible with the rights recognised by organisations. Title I remain in effect for a maximum period of two years, during which time they shall be 2. The effective assumption of the powers established by Section 1 above shall be effected by adapted to the regulation established by this Estatut. means of an organic law, as established in Article 150.2 of the Constitution. 2. Parliamentary groups, members of the Parliament, the Government and the Ombudsperson may, in the period established by Section 1 above, request a ruling from the Statutory Rights FOUR. DISAGREEMENTS WITHIN THE SPANISH GOVERNMENT – GENERALITAT Council, under the terms established by law, in regard to compatibility, with the Estatut, of Acts JOINT TRANSFER COMMISSION of Parliament or of rules with legal scope made by the Government before the Estatut came into Any disagreements that may arise in the Spanish Government – Generalitat Joint Transfer effect. The ruling is not binding and recommendations may be made to Parliament or to the Commission shall be resolved by the procedure established by the organic law governing the Government to amend or repeal rules that are considered incompatible. Constitutional Court. TWO. VALIDITY OF THE FOREGOING TEMPORARY PROVISIONS FIVE. AGREEMENTS WITH THE SPANISH GOVERNMENT Temporary Provisions Three, Four And Six of Organic Law 4/1979, of the 18th December, of the If the Estatut establishes that the position of the Government of the Generalitat is binding in Estatut, maintain, where appropriate, their validity as temporary regulations. relation to entering into an agreement with the Spanish Government and the latter rejects this position, the Spanish Government shall justify its reasons and the Bilateral Commission Generalitat – Spanish Government shall automatically be convened. THREE. REGULATIONS RELATING TO SHARED POWERS In relation to shared powers, until the Spanish Government passes basic legislation in the form of principles, objectives or minimum standards, the Generalitat shall deduce the applicable SIX. INVESTMENT IN INFRASTRUCTURES basic regulations. 1. Spanish Government investment in Catalan infrastructures shall gradually progress towards the proportion represented by Catalonia’s gross domestic product as a proportion of Spain’s gross domestic product, taking into account compensation for accumulated deficits. The REPEAL PROVISION calculation shall be made on annual basis. Organic Law 4/1979, of the 18th December, governing the Statute of Autonomy of Catalonia is 2. A commission shall be constituted, with minimum advance notice of one month prior to hereby repealed. presentation to the Spanish Parliament of the general Spanish budget, to be composed of Spanish Government, Autonomous Community and local public authorities and chaired by the Generalitat,with the function of programming Spanish Government investment in infrastructures, FINAL PROVISIONS and which, moreover, shall ensure compliance with the agreements that have been entered into. ONE. APPLICATION OF THE PRECEPTS OF TITLE VI 1. The Spanish Government - Generalitat Joint Economic and Fiscal Affairs Commission shall, SEVEN. REGULATION OF THE FINANCES OF THE GENERALITAT within one year of this Estatut coming into effect, clearly establish the application of the The application of the criteria established by this Estatut to regulation of the finances of the precepts of Title VI. Likewise, it shall agree the financial compensation to be received by the Generalitat shall make it possible to advance progressively in reducing Catalonia’s fiscal deficit Generalitat for the insufficiencies caused by the funding systems applied up to the time that this with the Spanish Government, so that within a period of ten years from the coming into force of Estatut took effect. this Estatut, this deficit is equal to that of territories with a similar relative level of income in other 2. The Spanish Government - Generalitat Joint Economic and Fiscal Affairs Commission shall, countries of the European Union. The Spanish Government -Generalitat Joint Economic and within six months from the coming into effect of this Estatut, set the initial Catalan contribution to Fiscal Affairs Commission shall set the criteria to reach this goal and monitor compliance with Spanish finances as established by Article 207. In deciding this, it shall be ensured that the this provision. volume of resources for which the Generalitat is responsible is in no case less than that which would result from setting the contributions to the expenses of the Spanish Government and to EIGHT. FUNDING CAPACITY solidarity according to the following criteria: Generalitat funding capacity per inhabitant shall gradually, within a period of no more than a) In deciding the initial contribution to the expenses of the Spanish Government, the reference fifteen years of the coming into effect of this Estatut, come to equal that obtained by applying taken shall be the population coefficient for Catalonia over Spain as a whole. the systems of pacts and agreements currently in force in the chartered Autonomous b) In consonance with the provisions of Article 210, in deciding the initial solidarity contribution, Communities. the reference taken shall be the difference between the population coefficients and fiscal effort of Catalonia, with the resulting figure to be measured by the personal income tax yield for Spain NINE. AMENDMENT OF LAWS TO ENSURE FULL EFFECTIVENESS OF THE as a whole. ESTATUT 3. The precepts of Title VI may be applied gradually in due regard of financial viability. In all The precepts of this Estatut set out below shall take effect when the following organic or cases, this application shall be fully effective within five years of this Estatut coming into effect. ordinary laws have been amended, in accordance with their content: a) Articles 38.2; 95.2, 3, 5 and 6; 97 to 100; 101.1, 2 and 3; 103.1.a, b and k; 107.1 and 2, and TWO. DETERMINATION OF EXPENDITURE NEEDS 108, with relation to Organic Law 6/1985, of the st , governing judicial power. As a basic variable in deciding the expenditure needs referred to in Article 210.Two.a, it is b) Article 180 and Additional Provision Four, with relation to Organic Law 2/1979, of the 3rd necessary to take into account population, adjusted for differential costs, effective level of October, governing the Constitutional Court. expenditure requirements and demographic factors. Likewise, population density, immigrant c) Articles 96.2, 3 and 4, with relation to Spanish Law 50/1981, of the th December, governing population, the size of urban areas and the number of people in a situation of exclusion should the organic statute of the Office of Public Prosecutions. be taken into account, as also the differentials in social expenditure with regard to countries at a d) Articles 56.4, 75 and 193, with relation to Organic Law 5/1985, of the 19th June, governing similar level of development. the general electoral system. e) Articles 90 and 91, with relation to Spanish Law 6/1997, of the 14th April, governing the THREE. THE TAXATION AGENCY OF CATALONIA organisation and functioning of the General Administration of the State. The Taxation Agency of Catalonia, referred to in Article 205, shall be created by an Act of f) Article 122, with relation to Organic Law 2/1980, of the 18th January, governing the various kinds of referendum. Parliament, within one year of this Estatut coming onto effect. The Spanish Taxation Administration Agency and the Taxation Administration of the Generalitat shall exercise the g) Article 164.3, with relation to Organic Law 2/1986, of the 13th March, governing the security functions of the Taxation Agency of Catalonia until body is created. forces. h) General or sectoral laws that regulate a body or a government unit in the cases in which this Estatut grants the Generalitat the power to appoint representatives in the management bodies FOUR. PERIOD FOR ESTABLISHING THE SPANISH GOVERNMENT -GENERALITAT of said body or government unit. JOINT ECONOMIC AND FISCAL AFFAIRS COMMISSION The Spanish Government -Generalitat Joint Economic and Fiscal Affairs Commission, provided TEN. REVIEW OF THE SPECIAL SYSTEM OF L’ARAN for in Article 214, shall be created within six months of this Estatut coming into effect. Until it is established, the Spanish Government -Generalitat Joint Valuations Commission shall assume Within a period of four years from the coming into force of this Estatut,there shall be a review and modification of the special regime governing L’Aran to bring it into line, as necessary, with its powers. The in corporation of the Spanish Government -Generalitat Joint Economic and the provisions of this Estatut. Fiscal Affairs Commission implies the immediate extinction of the Spanish Government - Generalitat Joint Valuations Commission.

ELEVEN. ORDINARY ADMINISTRATION FIVE. ECONOMIC AND FINANCIAL BODIES The Generalitat becomes the ordinary Administration of the Spanish Government in Catalonia following transfer, by means of the appropriate instruments, of the executive functions The Spanish Government -Generalitat Joint Economic and Fiscal Affairs Commission shall, performed by the Administration of the Spanish Government through its territorial bodies in within six months of this Estatut coming into effect, determine the relationship between the Catalonia. bodies referred to in Article 182. CATALONIA TODAY THURSDAY, NOVEMBER 3, 2005 ESTATUT 41 Giving the Estatut the English touch Does this version avoid the pitfalls of many other official translations?

NEIL STOKES ■ [email protected]

here’s nothing like settling down for a good read. But ● plaints, in the form and for the purpose established by the law, settling down with the proposed Statute on Catalan to the institutions and the Administration of the Generalitat Autonomy is unfortunately nothing like a good read. Official institutions and to the local government units of Catalonia in relation to After all the hype surrounding the evolution of this in Spain and matters coming under the respective spheres of influence of document, taking the decision to read it is not so Catalonia do not each" may not be particularly attractive but manages to render much about complying with a civic duty to discover have a good record the dense barrage of the original into understandable English. howT the political authorities envisage the shape of life in Cata- As might be expected, however, the translation does not lonia and its relation to the rest of Spain, but more about se- when it comes to always find a way round the problems presented to a language eing what all the fuss is about. producing good such as English by Latin-based words, which lend themselves It is not hard to get hold of the Statute on the net and the English translations more-easily to technical and legal concepts. So, we inevitably Generalitat’s web site (www.gencat.net) has had the full text get the likes of "plurinationalism", "bilateralism", "sectoral po- available in pdf format in both Catalan and Spanish since the of their documents licy", "supramunicipal" or "subsidiarity", all of which are gua- day of its approval in the Catalan Parliament. However, at a ● ranteed to send your spell-checker into a tizzy. Respecting the hefty 40,000 words, it is not something you will be in any integrity of the original is one thing, but surely these are neo- hurry to print out and, as this week’s Catalonia Today includes While some of the logisms that the English language can happily do without. a copy of the text in full, there is no longer any need to. And, articles in the Nor is the document error-free. A certain number of ty- what’s more, it’s in English. document are as pos are excusable in a text of this length, of course, except that In the last few days, this English version of the Statute was succinct as we are not dealing with a newspaper produced under the pres- made available on the Generalitat web site, although strangely sure of time that will be thrown away next day. If anything, the for an institution that is not adverse to blowing its own trum- “Catalonia is a likes of Castilian – itself an invention that pays lip-service to pet, without much fanfare or even so much as a press note. nation”,they are political sensitivities and which is more commonly called Spa- Having plodded faithfully through the Catalan version it outnumbered by nish around the world – spelt with double ‘l’, three fifths writ- would have been handy, not to say far less painful, to have had ten as one word, "commercial" missing its opening consonant, the Statute in my own language, if the Catalan government tortuous paragraph- or anti-Semitism with a lower case ‘s’ suggest an urgency to had had the presence of mind to alert us to the existence of the length sentences produce this translation at odds with its corresponding lack of ample document. booby-trapped with publicity. Official institutions in Spain and Catalonia do not have a One also wonders at the lack of annotation in the docu- good record when it comes to producing good English transla- multiple clauses and ment. Translation is often hard, not because of purely techni- tions of their documents, despite a growing need due to the parentheses cal and mechanical challenges posed by rendering the vocabu- increasing importance of international relations in the form of ● lary in another language, but because of cultural implications. tourism, immigration, business, study and politics. Would this "Paella" – a word which not surprisingly does not appear in English version of the Statute on Auto- the Statute – needs no translation, and just as well, because "a nomy live up to the traditionally po- type of risotto" or "rice dish" does not do it justice. However, or standards of official translations the same cannot be said for the likes of "vegueria", which re- here, and thereby explain the Gene- quires a knowledge of Catalan history or culture to have ralitat’s reticence in advertising this much meaning, as does "mancomunitat" or "Paradores Na- English version of a document vital cionales", all of which are left in the original in this transla- to Catalonia's political, social and tion. Yet, the English version is not against annotation on economic status? principle. For example, the General Council of Judicial Po- The often dense rhetorical style wer is helpfully accompanied by its of the original, littered with specialist British equivalent "Bar Associa- vocabulary and long-winded formu- tion" in brackets, suggesting las in the service of political sensitivity that the text is not exclu- and correctness did not bode well for a sively aimed at natives. clear, comprehensible translation. While (In an attempt to remedy some of the articles in the document are this situation, we have as succinct as "Catalonia is a nation", thoughtfully added a they are outnumbered by tortuous pa- glossary of the more obs- ragraph-length sentences booby-trap- cure terms). ped with multiple clauses and parent- All of this does not heses. Any translator of the Statute mean the reader, whether would also be hindered by the need to a native or not, cannot respect the official nature of the docu- benefit from an English ver- ment, which requires scrupulous accu- sion of the Estatut. The brave ci- racy and reduces the flexibility afforded tizen and tax-payer, whether they by a more interpretative approach. will be given the right to vote on Over all, this translation appears the final text in referendum or not, to handle these pitfalls reasonably has at least been provided with a well and is actually written in En- greater chance to become involved in glish rather than being an artist’s the debate on Catalan autonomy. So, impression of the language, which feel free to delve into the English ver- is often the case. A sentence such sion of the Estatut published here and, as, "Each individual has the right for want of a better phrase, enjoy fin- to present petitions and com- ding out what all the fuss is about. CATALONIA TODAY 42 ESTATUT THURSDAY, NOVEMBER 3, 2005 Glossary

ARAN Organisations and political parties traditionally incarnation of the Mossos as a modern police force Val d'Aran, a small valley (620.47 km2) it is a give floral offerings to the monuments of Rafael was created by law in 1983. Currently, the Mossos comarca () in the north-western part of Casanova and General Moragues for their fight d'Esquadra are taking the place of Spain's Policia of Catalonia. The Val d'Aran borders on the North against the Bourbon army. Pro-Catalan groups also Spain, thus advancing the federalisation of with , with Aragón on the west and with the meet in , where they make Spain.Nacional and Guardia Civil in Catalonia. Catalan comarques of Alta Ribagorça to the south homage to the defenders of city who where killed This process of substitution began in 1994 and will and Sobirà to the east. The capital of the and buried in that place. throughout the day, there be completed by 2008. comarca is Vielha, with 3,700 inhabitants. The are political demonstrations, concerts and entire population of the valley is just over 7,130. informative stands. Many citizens hang senyeres OCCITAN The valley used to be without direct (the Catalan flag) on their balconies. Occitan, or langue d'oc is a Romance language, or a communication with the south side of the set of , spoken mainly in mountains during winter, until the construction of ELS SEGADORS southern France. All of its subdivisions are a tunnel, opened in 1948. “The Reapers” is the national anthem of Catalonia. generally mutually intelligible. It is believed to be It has been the anthem of the Catalan people since spoken as a first language by about two million ARANESE (Aranès) the late 19th century. The modern lyrics are by people in France, Italy, and Spain. The political, A dialect of Gascon (part of the Occitan language Emili Guanyavents and were written in 1899; the cultural, and religious aspect is significant. group), spoken in Val d'Aran, in Catalonia, where it music was by Francesc Alió and was written in Catalonia, in contrast to , has long is an official language. Considered to be an 1892, based on an old popular song. The song is benefited from independent statehood tied to endangered language, being spoken mainly by older based on the events of 1639 and 1640, when the economic development. Additionally, Occitan's people, it is now experiencing a renaissance and Catalans fought for independence against King territory is generally contained by the borders of since 1984 has been taught in schools. About 90% Philip IV of Spain and his favourite, Olivares - the France, while Catalan's is contained in Spain. More of the inhabitants of the Aran Valley can Guerra dels Segadors or Reapers' War. The Catalan recently, the languages continue to develop understand it, and about 65% can speak it. government made "Els Segadors" its national separately: Catalan's dialects continue to approach anthem in 1993. Spanish, while Occitan's approach French. CASTILIAN Castilian is another name for the . MANCOMUNITAT PARADORES NACIONALES tend to call this language español The Mancomunitat de Catalunya was an institution The first nacional was opened in 1928 and (Spanish) when contrasting it to languages of other that consisted of four Catalan provincial began the construction of a publicly-owned chain states but castellano (Castilian) when contrasting it delegations and formed in 1914. Despite its purely of luxury hotels built in and around with other regional . In the administrative function, the Mancommunitat historic settings, such as and stately homes. bilingual regions where such languages are spoken, gained political importance as it represented the there is obviously a daily need to make this first recognition since 1714 by the Spanish SPANISH SENATE contrast, and so the language is most often referred government of the territorial unity of Catalonia. It The Senado is the upper house of the Cortes to as Castilian. For some, this use of the term was dissolved in 1925 by the Primo de Rivera Generales, Spain's legislative branch. It has 259 Castilian is a political or cultural statement that dictatorship. members: 208 are directly elected by popular vote Castilian is only the language of Castile, but not the and the other 51 are appointed by the of their region, where they consider the MOSSOS D’ESQUADRA legislatures. All senators serve four-year terms. The only legitimate language to be the regional one, i.e. This is the police force of Catalonia. It is the oldest last election was held on 14 March 2004. In Catalan, etc. civil police force in Europe, founded in the 18th practice, the Senate has a subordinate role to the COMARQUES century as the 'Esquadres de Catalunya' to protect Congress of Deputies: the high-interest political In general, a comarca is an extension of territory the people of Catalonia. The corps became debates are held in the Congress. Since early in the made up of municipalities. Currently there are 41 institutionalised and was manned by locals, before Spanish democracy, there have been talks of comarques in Catalonia, organised in 1936. it was eventually placed under military jurisdiction. reforming the Senate. One of the studied proposals After being dissolved in 1868 by General Prim, the is making the Senate a chamber representing the CONGRESS OF DEPUTIES royalist Mossos were reinstated in 1876 under the autonomous communities The Spanish Congress of Deputies (Congreso de los reign of king Alfonso XII of Spain. Under his son Diputados) is the lower house of the Cortes Alfonso XIII of Spain, the Mossos were not well VEGUERIES Generales, Spain's legislative branch. It has 350 regarded in Catalonia. They flourished under The Estastut proposes dividing Catalonia into a members, elected by popular vote on block lists by Primo de Rivera's dictatorship, though when the new territorial division called the vegueria. In effect proportional representation in constituencies was proclaimed, the the vegueries would replace the and have matching the Spanish provinces using the D'Hondt Mossos sided with the Generalitat. After the the status of a national region. The seven vegueries method. Deputies serve four-year terms. , the corps were dissolved by the proposed are Barcelona (capital in Barcelona), francoist authorities. In 1950 the Diputatió de (Girona), Pirineu i Aran (to be agreed), DIADA Barcelona was authorized to create a section of (), Catalunya central (), On , Catalonia commemorates the Mossos d'Esquadra. These new Mossos were a small ( and Tarragona), Terres 1714 Barcelona defeat during the War of the militarized force with little similitudes to the earlier de l'Ebre (). The origin of the vegueries can Spanish Succession. On that day, it is also incarnations. With the arrival of democracy, the be found in Mediaeval Catalonia and lasted from remembered how Catalonian institutions and civil Mossos d'Esquadra grew in number and the 13th century to the 18th. In winter 1936, in the rights were abolished. In 1980, the Catalan jurisdiction. Since 1980 the force has been under middle of the Civil War, the vegueries were briefly Parliament declared it as National Holiday. the authority of the Generalitat. The current reconstituted under president Lluís Companys.

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