Canary Island Statutes: Autonomous Community Powers

• Summarized notes on Canary Island Statutes.

Powers of the Autonomous Community

• The Autonomous Community has the power of compulsory purchase, including declaring the urgent occupation of affected properties.
• Powers to investigate, demarcate and recover property.
• Sanctioning powers within legally established limits.
• Authority to use enforcement procedures.
• Immunity from seizure of assets and rights.
• Preference in debt collection, as recognized by the Public Treasury.
• Exemption from providing guarantees or bonds to any administrative body or court.
• Summary possessory actions are not allowed against the Autonomous Community of the Canary Islands' actions taken within its jurisdiction following legally established procedures.

Control of Regulations, Acts, and Agreements

• Regulations without the force of law, acts, and agreements from the executive and administrative bodies of the Autonomous Community can be appealed through contentious-administrative channels.
• This is without affecting administrative and economic-administrative appeals or what is established in Article 153.b) of the Constitution.
• Regulations without the force of law from the Autonomous Community's bodies are published in the "Boletín Oficial de Canarias" for full validity.

Territorial Organization of the Canary Islands

• The territorial organization is structured into islands and municipalities.
• They have full autonomy to manage their interests and exercise competencies, as outlined in the Constitution, the Statute, and laws.
• The allocation of competencies to the islands and municipalities by autonomous laws should consider guarantee of local autonomy, as well as equity, efficacy, efficiency, maximum proximity to citizens, no duplication of powers, and budgetary stability.

Islands and Island Councils

• The territorial organization includes the islands of El Hierro, Fuerteventura, Gran Canaria, La Gomera, Lanzarote, La Palma, and Tenerife.
• La Graciosa is administratively attached to Lanzarote, while Alegranza, Montaña Clara, Roque del Este, Roque del Oeste, and the islet of Lobos are attached to Fuerteventura.
• Island councils are institutions of the Autonomous Community of the Canary Islands.
• Island councils serve as the government, representation, and administration for each island.
• They have autonomy in managing their interests and exercising their powers, according to the Constitution, the Statute, and laws.
• Island councils represent the Government and the Autonomous Administration on their respective islands.
• They carry out the autonomous administrative functions in the Statute of Autonomy and laws, including any transferred or delegated authority.

Island Capitals

• The capital of each island is where the island council's headquarters is located.
• El Hierro's capital is in Valverde, Fuerteventura's is in Puerto del Rosario, Gran Canaria's is in Las Palmas de Gran Canaria, La Gomera's is in San Sebastián de La Gomera, Lanzarote's is in Arrecife, La Palma's is in Santa Cruz de La Palma, and Tenerife's is in Santa Cruz de Tenerife.

Organization of Island Councils

• A law passed by the Parliament of the Canary Islands with an absolute majority regulates the organization of island councils.
• The plenary, the presidency, the vice-presidencies, and the governing council are necessary bodies of the island councils.
• The island council plenary can initiate legislation before the Parliament, approve the island council's budgets, demand political accountability, oversee the governing council's actions, approve internal regulations, and perform other functions assigned by the Statute and laws.
• The island governing council includes the president, vice-presidents (if any), and heads of departments or executive areas.
• It is responsible for the executive function related to the island council's powers.

Composition and Electoral System

• The island council plenaries are composed of members elected through universal, equal, free, direct, and secret suffrage using a proportional representation system.
• Mandates are four years long.
• A law will regulate the number of members for each island council, as well as causes for ineligibility and incompatibility, according to the organic law on the electoral system.

Operation and Legal System

• Laws and internal regulations of each island council establish the rules of operation and the legal system for their actions and bodies.
• Respecting basic state legislation, these rules also define governance of functions and competencies.

Island Council Powers

• Islands exercise powers recognized as their own, those transferred or delegated to them, and collaboration in developing and implementing agreements adopted by the Government of the Canary Islands.
• Transfers and delegations include corresponding financial, material, and personnel resources.
• Island councils carry out executive functions of an insular nature within the framework and limits of applicable law, in areas like territorial divisions, land use regulation, roads (excluding those of autonomous community interest), road transportation, management of ports and sports facilities, as well as other areas.

Transfer and Delegation of Functions

• Island councils can transfer or delegate the exercise of their administrative functions to municipalities.
• This is justified by the principles of subsidiarity, decentralization, and efficiency.

Promotion and Policy Setting

• Island councils carry out promotional activities and set their own policies.
• This is without prejudice to the activities of the Autonomous Community.
• Island councils can establish shared policies with other islands, communities, or the State, in agreement with the Government of the Canary Islands.

Coordination of Island Council Activities

• The Government of the Canary Islands coordinates the activities of the island councils where they directly affect the general interest of the Autonomous Community of the Canary Islands.
• The Government can request information, documentation, and set objectives and priorities for public action.
• Other coordination mechanisms under basic state legislation are allowed.
• Noncompliance by island councils with legal obligations is addressable by the Autonomous Community.
• Necessary measures are acceptable in the event of noncompliance that affects the performance of authority of the Autonomous Community.

Conference of Presidents

• An institutional collaboration forum between the Government of the Canary Islands and the island councils
• Serves as meeting place to discuss major issues of common interest, coordinate relevant policies, and seek agreements to incorporate into government action.