Portal de Cartagena
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The mayor of Cartagena, José López, along with his counterparts from Torre-Pacheco;
Fuente Álamo and La Unión, Antonio León, Antonio Jesús García and Pedro López, respectively, attended this morning to the day of presentation of the report on the creation of the Comarca del Campo of Cartagena that has taken place in the Salon de Grados de la Faculty of Law of the University of Murcia (UM).
Municipal Councilors Francisco Calderón, Ricardo Segado and Isabel García, as well as Álvaro Valdés from the popular municipal group and Manuel Padín, from Ciudadanos, also attended the event.
The professor of Constitutional Law, Francisco Manuel García Costa, was in charge of starting the turn of exhibitions with the presentation of the report made from the University of Murcia, fruit of the interest of the Government of Cartagena to promote the comarcalización in favor of a greater optimization Of public resources.
Subsequently, the day has been divided into three interventions that have addressed several specific aspects.
In the first place, the professor of Philosophy of Law (UM), Fernando Navarro, and the professor of Political Science (UM), Antonio Garrido, have deepened in the historical-political aspects of the report.
Meanwhile, Prof. José Antonio Cascales, professor of Financial Economics and Accounting (UM), and Professor of History and Economic Institutions (UM), Susana Martínez, have focused on economic and budgetary arguments.
Finally, Professor of Administrative Law of the University of Santiago de Compostela, Marcos Almeida, and Professor of Administrative Law (UM), María Fuensanta Gómez, have exposed the legal-administrative issues of the report.
José López stressed the importance of this process that was already contemplated in the Statute of Autonomy and should have started more than thirty years ago.
The mayor has also indicated that the macomunidad of services and comarcalización will serve to vertebrate the territory, gain in efficiency and reduce costs;
While ensuring that although Cartagena is the largest municipality of all will not fall into the error of centralizing but will set an example and will give power and resources to other municipalities.
PROPOSAL OF LAW OF THE COUNTY
The work includes the procedure for the presentation of the proposed Law for the creation of the County of Cartagena in the exercise of the popular legislative initiative of municipalities and counties.
It should be recalled that Act 7/1983, of October 7, on Territorial Decentralization and Collaboration between CARM and Local Entities, included the obligation to comarcalize, not having been developed the aforementioned law by the Autonomous Community more than three decades after.
Despite the fact that the Law states in Article 1.1 that "the Administration of the Autonomous Community will be organized territorially according to the principles of legality, efficiency, decentralization, ...".
In addition, 1.2 states that "the Counties or groups of bordering municipalities shall enjoy legal personality and autonomy as assigned by law."
According to the proposal of the Law in its preamble, the Comarca del Campo de Cartagena, which encompasses the municipalities of Cartagena, Fuente Álamo, La Unión, Torre-Pacheco, Los Alcazares, San Javier, San Pedro del Pinatar and Mazarrón, constitutes a Reality with their own geographic, economic, social and historical characteristics.
Also cited is Article 3 of Organic Law 4/1982, dated June 9, Statute of Autonomy of the Region of Murcia, determines the regions as basic local entities and necessarily members of the territorial organization of the Autonomous Community Level that the municipalities, for that reason, the regions are configured in the Regional Law of the Region as basic local entities whose creation is imperative.
CARTAGENA, THE UNION, SOURCE ÁLAMO Y TORRE-PACHECO
The report presented by the UM highlights a working hypothesis that includes the cities of Cartagena, La Unión, Fuente Álamo and Torre-Pacheco, the municipalities that have been working on the development of the comarcalization, being this process open to other municipalities Of the historic district.
The procedure shows that these four municipalities exercise through this draft law the initiative for the creation of the Comarca del Campo de Cartagena in application of the provisions of Law 6/1988, of September 3, Local Regime of the Region Of Murcia and Law 9/1984, of November 22, regulator of the Legislative Initiative of Municipalities and Counties.
The four municipalities, which represent more than half of the electoral census of the geographically and historically called 'Campo de Cartagena', are governed by the principle of voluntariness and decide the creation of the Region as a legal and political reality and, at the same time Time, it contemplates the mechanisms for the future incorporation to the same of the other municipalities.
ARTICLE OF LAW
Chapter 1 sets out the general provisions specifying, first, that the purpose of this law is the creation of the Comarca del Campo de Cartagena, as well as the regulation of its general regime, organization, competencies and the Treasury.
The Region has its own legal personality and autonomy for the fulfillment of the purposes attributed to it by this law.
The Region is integrated by Cartagena, Fuente Álamo, La Unión and Torre-Pacheco, being able to request the rest of municipalities its incorporation to the same one.
The denomination of Comarca del Campo of Cartagena responds to its historical identity, being fixed the capitalidad in the municipality of Cartagena, without ruleding that this capitalidad can be fixed by rotating shifts.
The symbols will be established within the plenary of the Regional Council.
ORGANIZATION
Chapter 2 marks the regional organization, reflecting that the government and the administration of the Comarca del Campo of Cartagena correspond to the Regional Council, composed of the president and the county councilors.
The positions of president and county councilor will be free and the term of office will coincide with that of the Municipal Corporation to which they belong.
For the election of the councilors belonging to the Regional Council, whose number is twenty-five, provides that the Provincial Electoral Boards distribute, in a proportional manner and taking into account the number of residents, the positions corresponding to each judicial party, ensuring in this case that all Municipalities of the Region have at least one county councilor.
The president will be elected by the Regional Council.
COMPETENCES
Chapter 3 establishes the area of ​​competence and action of the Region.
The corresponding competences are related to the Promotion of Tourism;
Culture;
Social Assistance, Social Services and Community Development;
Education;
Sport;
Family, Youth and Women;
Handicrafts;
Protection of Consumers and Users;
Agriculture, Livestock and Forestry;
And Fairs and Markets of regional interest
Likewise, the District of Cartagena Field may assume by delegation the exercise of powers of the Autonomous Community in accordance with the provisions of Chapter II of Law 7/1983, of October 7, on territorial decentralization and collaboration between the CARM and local entities.
The District will be responsible for the execution of works and the provision of services that are of interest to the community, are complementary to the municipal ones or, even if it is municipal competency, its rendering is impossible or very difficult for the municipality.
STAFF AND HACIENDA
Chapter 4 establishes the legal regime of Cartagena County personnel, reproducing the provisions and specifications of state and regional legislation in this area, while chapter 5 establishes the County Finance, constituting its resources and regulating the transfers and contributions of The Autonomous Community in favor of the Shire, as well as those of the municipalities.
In this section, it is reflected that the Law of Budgets of the Autonomous Community will establish, on an annual basis, unconditional transfers in favor of the Region of the Field of Cartagena destined to the start-up and operation of its organization and activities, according to modules Objectives related to population, area or quality of services, among others.
Likewise, the Budget Law of the Autonomous Community will establish, on an annual basis, the necessary transfers in favor of the Comarca del Campo de Cartagena to finance the services they provide and have a legal status of non-mandatory for the municipalities that make up the Comarca , And are autonomous or state competence in their provision.
As far as the contributions of the municipalities will be determined according to the number of inhabitants and the use of the services provided by the Shire.
On the other hand, the provisions contemplate the incorporation to the Comarca of the municipalities of Los Alcazares, Mazarrón, San Javier and San Pedro del Pinatar within four years from the entry into force of this Law.
The transitory provisions indicate that the Electoral Board of CARM will, within a maximum period of two months after the entry into force of this Law, appoint the county councilors from the results of the last municipal elections held.
Finally, the final provisions establish that the Law will enter into force the same day of its publication in the Official Gazette of the Region.
PHASES FOR THE CREATION OF THE REGION
The didactic nature of the day has also focused its attention on the different phases that would come into play in order to finish with the creation of the Comarca del Campo de Cartagena, protected by current legislation.
Thus, at first, it becomes necessary the plenary approval of the involved Corporations and the presentation of the brief of exercise of the popular legislative initiative.
The process would continue with the admission to process, by the Bureau of the Regional Assembly, for which a maximum term of fifteen days is required.
In the same time space, publication in the Official Gazette of the Region (BORM) would be carried out.
Also, in a newspaper of regional scope, for two consecutive times.
Later a period of allegations is established that is determined in a minimum of two months.
At the end of the meeting, there would be definitive admission by the Bureau of the Regional Assembly, in addition to being published in the BORM.
The process would conclude with the debate of the taking into consideration and the rest of parliamentary processing.
EXPENSES OWNED
The data analyzed by the study that has been presented today reveal that in 2015, more than 34% of the expenses incurred by the Consistories (84 million) are due to activities or services that are not mandatory, and should therefore be developed Or at least financed by other public administrations.
Among the areas with the highest expenditure are the maintenance of schools and social assistance (33.6% of total non-compulsory expenditure).
TAX SYSTEM OF THE REGION
The report details the tax system that would govern in the Region of Cartagena.
Thus, a development was specified that would be marked by the fiscal ordinances, norms approved by the Plenum of the local Corporations.
It would obtain financial resources from the income derived from its assets and others from private law;
The own taxes classified in rates, special contributions and taxes and the surcharges demandable on the taxes of the autonomous communities or of other local entities;
The participation in the taxes of the State and the autonomous communities;
the subsidies;
What is perceived in terms of public prices;
The proceeds of credit operations;
The product of fines and penalties in the scope of their powers, and other benefits under public law.
THE CONCLUSIONS OF THE TAX SYSTEM
In summary, the report shows that the districts have the autonomy to create and demand taxes in accordance with the legislation of the State regulating the local Estates and in the Laws issued by the Autonomous Communities, in the cases expressly provided for by the Law of Bases, thus creating a regional tax system.
The figure of the fees will be constituted in the main source of tax revenue of the Region of Cartagena.
The formal vehicle for the establishment of regional fees is the regional ordinance, voted in the plenary of the Regional Council.
It is clear that the County of Campo de Cartagena can regulate the procedures for management, collection and tax inspection through the issuance of a general tax ordinance for the management, collection and inspection of local taxes.
Finally, the study proposes several models of tax system, according to the services to be provided by the region.
It is based on a basic structure made up of a fee for issuing documents and the fees for the provision of services by social and preferential character, modality of care services, educational, hospital or sports.
This basic structure could add rates based on the provision of certain services such as garbage collection, collection, waste management and treatment or fire-fighting services.
A final assumption would be the result of including the provision of services in areas of greater sensitivity when it comes to being taken on a regional basis, such as urban planning or public transport.
CONVENTION CITY COUNCIL OF CARTAGENA - UNIVERSITY OF MURCIA
The work known today is the result of the fluid relationship between the City Council and the University of Murcia (UM), in charge of carrying out the study.
Thus, on October 28, 2016, the local Governing Board approved, at the proposal of the first mayor, the signing of a specific collaboration agreement that aimed to address the study and development of the comarcalization of the Comarca del Campo Cartagena within the Autonomous Community.
This agreement is motivated by the development of several lines of joint action between the City and UM following the signing, on 5 July, of a framework agreement for collaboration between the two institutions.
One of these areas of action is the beginning of this line of work on the comarcalization, which responds to the intention of the Government of Cartagena to promote a true structure of the Autonomous Community, as well as optimize the resources of the municipalities involved and pool Services, which would result in savings for the coffers of the respective town halls.
In short, it is a matter of advancing a project that seeks to combine the synergies that the different municipalities of the Natural Region of the Campo de Cartagena have among themselves.
Source: Ayuntamiento de Cartagena
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