JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the Cortes General have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

The Law on the Law of the Administrative Jurisdiction requires that certain articles of the Organic Law of the Judicial Branch be drafted in accordance with the relevant provisions of the Law on the Law of the State. Jurisdiction.

The Constitutional Court's doctrine establishes that the Organic Law is reserved for organic matter (v. gr. Judgments of the Constitutional Court 15/1981, of 13 February, and 76/1983 of 15 August. Organic rules should not be established or reformed by means of a non-organic law; this would require separate votes and different majorities in the Congress of Deputies.

As is well known, the parliamentary practice is intended to solve the case of mixed projects (which would be a draft of a procedural law with certain reformers of the Organic Law of the Judiciary). The practice consists in the implementation of two separate texts (an ordinary Law and an Organic Law) for the regulation of the various aspects that sometimes converge in the same subject. This dual regulatory solution has been imposed in a number of regulatory areas.

Consequently, it seems appropriate to approve, by means of an independent Organic Law, the necessary reform to make the regulatory law of the Legal-Administrative Jurisdiction and the Organic Law of the Judicial Branch consistent.

Article 9.4 (4) is reformed, in its last indent, which, if the damage was produced by private individuals, the complainant also deduces from them his claim to the court order administrative-litigation. Private subjects must understand those who are not at the service of the public authorities in each situation; the responsibility of those who are, in any case, will be required under the terms of Law 30/1992.

Single item.

The following amendments are made to the Organic Law 6/1985, of July 1, of the Judiciary:

1. Article 9.4 is worded as follows:

" Those of the administrative-administrative order will know of the claims that are deducted in relation to the performance of the public administrations subject to the administrative law, with the general provisions of lower rank than the Law and the Legislative Decrees in the terms provided for in Article 82.6 of the Constitution, in accordance with the provisions of the Law of that jurisdiction. They will also be aware of the resources against the inactivity of the Administration and against their material actions that constitute an avenue of fact.

They will also be aware of the claims that are made in relation to the liability of the public authorities and the personnel to their service, whatever the nature of the activity or the type of the relationship from which it is derived. If the production of the damage has been attended by private individuals, the claimant shall also deduct from them his claim in respect of that court order. ' 2. Article 58 is worded as follows:

" The Bench of the Supreme Court's Contentious-Administrative Court will know:

First. In a single instance, of the administrative-administrative appeals against acts and provisions of the Council of Ministers, the Government's Delegate Commissions and the General Council of the Judiciary and against the acts and provisions of the organs The competent authorities of the Congress of Deputies and the Senate, the Constitutional Court, the Court of Auditors and the Ombudsman in the terms and matters that the Law establishes and those other resources that the Law may exceptionally attribute to it.

Second. Of the appeals and review in the terms established by the Law. " 3. A new paragraph 3 is added to Article 61 with the following wording:

" A Section, formed by the President of the Supreme Court, that of the Administrative-Administrative Chamber and five Magistrates of this same Chamber, which will be the two oldest and the three most modern, will know of the appeal of (a) an appeal for the unification of a doctrine where the contradiction occurs between judgments given in a single instance by Sections other than that Chamber. ' 4. Article 66 is worded as follows:

" The Chamber of the Contentious-Administrative Office of the National Court will, in a single instance, know about the administrative-administrative resources against the provisions and acts of the Ministers and Secretaries of State that the Law does not attribute to The Central Courts of the Contentious-administrative and the resources of the return that the Law establishes against the resolutions of the Central Courts of the Administrative-Administrative. It will also be aware of the resources not attributed to the Supreme Courts of Justice in relation to the agreements between the public administrations and the resolutions of the Central Economic and Administrative Tribunal.

Also, you will know of the questions of competence that can be raised between the Central Courts of the Administrative-Administrative and those other resources that exceptionally attribute to it the Law. " 5. Article 74 is worded as follows:

" 1. The Chambers of the Administrative-Administrative Court of the High Courts of Justice shall, in a single instance, know of the resources to be deducted in relation to:

(a) The acts of the local entities and the administrations of the Autonomous Communities, the knowledge of which is not attributed to the Courts of the Administrative-Administrative.

(b) General provisions emanating from the Autonomous Communities and local authorities.

(c) The acts and provisions of the governing bodies of the Legislative Assemblies of the Autonomous Communities and of the autonomous institutions analogous to the Court of Auditors and the Ombudsman, in the field of personnel, wealth management and management.

(d) The acts and resolutions dictated by the Regional and Local Economic and Administrative Courts that end the economic administrative path.

e) The resolutions handed down by the Central Economic and Administrative Court on the subject of temporary taxes.

f) The acts and provisions of the Provincial Electoral Boards and Autonomous Communities, as well as the electoral-electoral resources against the Electoral Boards agreements on the proclamation of elected and elected proclamation of the Presidents of Local Corporations in the terms of the electoral legislation.

g) Conventions between public administrations whose powers are exercised within the territorial scope of the relevant Autonomous Community.

(h) The prohibition or proposed modification of meetings provided for in the Organic Law Regulatory Law of Reunion.

i) Acts and resolutions issued by organs of the General Administration of the State whose competence is extended to the entire national territory and whose organic level is lower than the Minister or Secretary of State, in matters of personnel, special properties and forced expropriation.

j) Any other administrative action not expressly attributed to the jurisdiction of other bodies of this court.

2. They will, in the second instance, know about the appeals promoted against judgments and orders issued by the Courts of the Administrative-Administrative and the corresponding complaints.

3. It is also up to them, in accordance with the provisions of this Law, to know the resources of review against the firm judgments of the Courts of the Administrative-Administrative.

4. They will be aware of the issues of competition between the Courts of the Administrative-Administrative Office based in the Autonomous Community.

5. They shall be aware of the appeal for the unification of doctrine in the cases provided for in the Law governing the Administrative-Administrative Jurisdiction.

6. They shall be aware of the appeal in the interest of the Law in the cases provided for in the Regulatory Law of the Administrative-Administrative Jurisdiction. " 6. Article 87 (2) shall be deleted.

7. A new paragraph 4 is added to Article 90 with the following wording:

" In the villa of Madrid, with jurisdiction throughout Spain, there will be Central Courts of the Contentious-administrative who will know, in the first or only instance, of the judicial-administrative resources against dispositions and acts emanated from authorities, bodies, organs and public entities with competence throughout the national territory, in the terms that the Law establishes. " 8. Article 91 is worded as follows:

" 1. The Courts of the Administrative-Administrative Court will know, in the first or only instance, of the judicial-administrative appeals against acts expressly attributed to them by the Law.

2. It is also up to the Courts of the Administrative-Administrative Court to authorize, by order, the entry in the addresses and in the other buildings or places whose access requires the consent of the holder, where appropriate for the execution forcible acts of the Administration. " 9. Article 152.2.1. or, first paragraph, is drawn up in the following terms:

"Approve the rules for the distribution of cases between the Chambers of the Court and between the Sections of the Provincial Hearings and Courts of the same court, with its seat in the corresponding Autonomous Community." 10. Article 160.9 is worded as follows:

"Determine the division of cases between the Chambers of the Court of the same court and between the Sections of the Court in accordance with the rules approved by the Chamber of Government." Single transitional arrangement.

1. As long as the entire plant of the single-person organs of the administrative-administrative dispute established in the Law of Demarcation and the Judicial Plant is not covered, in the contests for the provision of such judicial places, in the absence of the candidates referred to in the first paragraph of Article 329 (2) of the Organic Law of the Judiciary, it shall be considered to be a preferential merit to have served commissions of service in this jurisdictional order, provided that the Chamber of Government (i) a report which is favourable to and in consideration of the duration of the committees; or assistance to specialization courses approved by the General Council of the Judicial Branch in matters of the administrative-administrative order.

2. The Chambers of the Administrative-Administrative of the Superior Courts of Justice may be constituted with a single Magistrate to know of the processes that, attributed by this Law to the Courts of the Administrative-Administrative, are pending before the said Chambers at the time of the entry into force of the Law.

Single repeal provision.

All rules of equal or lower rank are repealed in what is opposed to this Organic Law.

Single end disposition.

This Organic Law will enter into force five months after its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, July 13, 1998.

JOHN CARLOS R.

The President of the Government, JOSÉ MARÍA AZNAR LÓPEZ