MUNICIPALITY AND CIVIL PROTECTION III
By: Advocate Eduardo Lara Salazar
edularalaw@gmail.com
Within the cast of exercising powers corresponding to each municipality is regarding "... the protection and civil defense, prevention and fire fighting, prevention and immediate action in case of accidents natural or otherwise, such as floods, earthquakes, epidemics and other diseases, according to law ... "according to the provisions of the Organic Law of Power Municipal Public (LOPPM, 2009).
Moreover, the same text states that are powers of the City "... environmental protection and cooperation in environmental sanitation, civil protection and fire, and the urban and household ..."
If you study in ascending order, the Constitution the Bolivarian Republic of Venezuela (1999) included in the extensive list of powers issues of National Power "... The system of risk management and emergency", "... security, defense and national development ..." "... the conservation of public peace ... "" ... The establishment, coordination and unification of technical standards and procedures for engineering, architecture and town planning and urban planning legislation ... "This is compounded by other issues in the interests of a pedagogical, we'll be adding to the extent that consideration legislative technique or is intended to further analysis.
Look to the writer of these articles is to inform and educate about the issues, non-controversial doctrinal or jurisprudential. I leave that to other writers.
Making a study of legal texts mentioned, the first conclusion is that no is a subordination in terms trumpet voices, really they should have is cooperation and coordination with national bodies and agencies and state and municipal, both of the respective entity and the outside. While it is true that National Power is responsible legal regime on civil protection, the fact remains that it is at the municipal level where they feel the impact and effects of public disasters, as well as the "legal regime" only involves the establishment of rules and principles which govern any topic.
The fact that links this area to public safety does not mean it should be in submission, as there is no hierarchy between the national and state authorities against the city and vice versa, it is precisely where autonomy comes into play. But he had said in another article, the local reality - often - to allow mayors maintaining a current and best technology to address the problems presented to them and that's when the national government intervenes help because an overflow has occurred in the attention span. Vargas State (1999) is a living example of what we pointed out, since it remains fresh in memory and national consciousness. I vows never to live something like that again.
civil protection and disaster management is a shared task in the levels of public power, ie what is called concurrent jurisdiction, since it belongs neither can it be only one exclusive sense. Moreover, the Capital District and the Metropolitan Area of \u200b\u200bCaracas should be permanently included in all phases of prevention and enforcement actions, not only for being in the capital of Venezuela, but because their roles are important for city driving Caracas, which has not escaped the impact from natural dire situations, for example. The rainy season is a constant player in the management of both levels of government.
the national legislature, either by enabling or ordinary way, has produced instruments governing the relations (scheme) of civil protection and disaster management. Decree with Rank, Value Added Tax Law of the Fire Brigades and Fire and Emergency Management Civil Character (2001), Decree with Rank, Value and Force of Law of National Organization of Civil Protection and Disaster Management (2001 ), the Decree with Rank, Value Added Tax Law of Citizen Security Coordination (2001), are valid examples to illustrate the commentary.
reader is suggested to take a look at other articles that I wrote called "Municipal and Public Services", "From municipal powers," "City and Environment", "Municipality and police service," "City and Urban "," municipality, waste and solid waste, "" City and water service, "among others, which are published on the Google Blog or www.tecnoiuris.com eduardolarasalazarabogado.blogspot.com (Podium Legal Municipal Law Community or Municipal Law Group Venezuela).
Another time he touch on other topics related to the topic.
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