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Municipality and People's Power II

CITY AND PEOPLE POWER II


By: Attorney Eduardo Lara Salazar
edularalaw@gmail.com

There is one aspect of interest to the municipality in relation to the Organic Law of People's Power (LOPP, 2010), it is the transfer of responsibilities to bodies popular power from the municipalities.

regard this pattern will "... according to the law governing the process of devolution and decentralization of powers and duties ..." management functions, management, service control and execution of works attributed to municipalities .

The term includes - at least - four laws of organic status such as People's Power (LOPP, 2010), Decentralization, Delimitation and Transfer of Competencies of Public Power (LODDTCPP, 2009), the Municipal Public Power (LOPPM, 2010) and the Federal Council of Government (LOCFG, 2010).

Let me take the reader aspects of each.

The LOPP, as noted, orders following the guidelines of the law governing the process of devolution and decentralization of powers.

The LODDTCPP is to implement constitutional principles to promote decentralization administrative and facilitate the transfer of the servicing of National Power to the states.

For its part, the LOPPM included as one of its cardinal principles of citizen participation, through various ways, such as citizens' assemblies, town meetings, public consultations, among others, as well as several means of management ranging from direct ownership, partnership arrangements, joint municipal companies or exclusive concessions for works and services, among others. Another of the ways in which participation is exercised is to decentralization or transfer must prove - at least - legal ability, training vocational and technical education in related field, previous experience in public service management or related areas of applied for certification issued by the Municipality of citizenship training plans, certification evidencing academic training in the area, legitimacy in the community, presenting project to determine any other law or ordinances.

should also be subject to the completion of agreements, parcel management, among others, the Municipality reserves the possibility of intervention or resumption of competition directly or through the so-called means of management.

important thing is that it also stipulates that the transfer of skills and services are conducted in accordance with the provisions of the Organic Law of the Federal Government. Hence the specific aspects of the reform of 2010 LOPPM for the insertion of the communes, to be recognized as a local entity, and the preferential application of CFG through its law in these processes to adapt to the municipality national guidelines.

The LOCFG states that seeks to regulate the organization and operation of the Federal Government and, inter alia, the arrangements for the transfer of the powers of the territorial bodies of the organizations holders of state sovereignty.

It is for promoting balanced regional development, cooperation and complementarity of policies and development initiatives of various regional public bodies and in particular supporting the provision of works and essential services in the regions and communities.

some would not initiate discussions of legal or political about the information shown in these articles. Just remind me that my style - in particular - is an academic and informative. I leave to others the endless comments whether it is correct or not approved by politicians.

reader is suggested to take a look at other articles from this author called "Municipal Organization and Management", "all of the municipal", "Media Management", "Municipality and Planning", "The CLPP in Organic Act of 2010 "," The communal councils as the Organic Law of 2009 "," The Federal Council of Government "" The Social Control, "among others, which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Legal Podium Municipal Law), to learn more about the subject matter hereof.

Another time he touch on other aspects related to the topic.

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Municipality and the People I

CITY AND POWER PEOPLE I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

occasion of legislative activity produced by the National Assembly towards the end of 2010, approved the Organic Law of People's Power (LOPP, 2010), which aims to develop and consolidate the People's Power by forms of community and communal self-government for the direct exercise of power.

People's Power is defined according to the LOPP, the full exercise of sovereignty by the people in economic, social, political, cultural, environmental, international, and in all areas of development and growth society, through various forms of organization to reach the state called community.

The LOPP is expected that its principles apply to all grouping expressions of popular power, as it is conceived as the regulatory framework which is based on the system in order to form a communal system. Examples are the communal councils, communes, fishing tips, advice workers, among others.

instances of popular power are

1. Community Councils, which have an Organic Law (2009), in accordance with the LOPP are defined as an instance of participation, coordination, integration between citizens and community organizations, social and popular movements, which the people exercise organized community governance and the direct management of public policies and projects to meet the needs, potentials and aspirations of communities. Are embedded within a socialist concept.

2. The Commune, which have an Organic Law (2010), are defined within the local authority LOPP a socialist-style, based on the integration of neighboring communities with a shared historical memory, cultural traits and customs that are understood the territory they occupy and in productive activities that serve as their livelihoods and on which they exert their principle of sovereignty and active participation in accordance with a system of social production and the endogenous development model provided by the National Economic Development Plan and National Social.

3. The Communal City, which is nothing - according to LOPP - the aggregation of several communes in a specified geographical area.

4. Communal Aggregation Systems, which by popular initiative arising from the communal councils and communes.

The basic principle of this organizational form is the act of governing shared between public institutions (organs and bodies) with those of popular power which seeks a fair distribution of wealth through plans, projects, goals and targets drawn from the Plan of Economic and Social Development of the Nation.

LOPP plans

The development of a sub-economic, communal justice through a special jurisdiction, management and land management, for it was passed Law Community Economic System (2010) on which published by this author soon. In terms of organization and management of land, on the occasion of non-enactment of the Organic Law for the Planning and Land Management (2007) apply the basic laws for Planning (1983) and Organic Urban Planning (1987) along with the Organic Environment (2006). It is expected the National Assembly if he considers modifying the Organic Law for Justice of the Peace (1994).

Within the framework of relationships that should govern the bodies and public entities with the power of the people, who must manage their responsibilities "in obedience, in connection with the mandates of citizens and organizations of People's Power according to the provisions of the Constitution and laws ... "

reader is suggested to take a look at other articles from this author called" Justice System Justice and Peace "" Organization and Management Municipal "," all of the municipal "," Media Management "," Municipality and Planning "," The CLPP in the Organic Law of 2010 "," The communal councils as the Organic Law of 2009 "," The Council Federal Government "," The Social Control, "among others, which can be found in www.eduardolarasalazarabogadoblogspot.com or www.tecnoiuris.com (Podium Law Municipal Law), to learn more about the subject matter hereof.

Another time he touch on other aspects related to the topic.

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emoluments of Municipal Employees II

emoluments MUNICIPAL OFFICIALS II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

For many years the council tried to get some benefits of an labor, opposed to what the city comptroller, because they argued that those were not paid wages and, therefore, could not be subjected to them.

The controllers' argument was based on the emoluments received as council members is a diet. Following the meaning in the Dictionary of Legal Sciences, Social Policy and Manuel Ossorio, indicates that it is "... fees that accrue officials of various kinds during the days that make a commission entrusted to them", another of the meanings is "... allowance given to those running committees or commissions for each day dealing with them, or the time spent doing ... "

If this definition is compared with the pay, referred to the Labour Act (1997), which says: "The term salary compensation, benefit or advantage, whatever their denomination or calculated, capable of being expressed in cash, which corresponds to the worker for the provision of service and, among others, includes commissions, bonuses, gratuities, benefits or participation in profits, bonuses, vacation bonus, and surcharges for public holidays, overtime or night work , food or shelter ... "is evidence that diet is not expressly included within the definition contained in this legal and if there is no salary, much less pay or collect incidence concepts whose base is the wage for labor. This also binds non-workers, but public officials chosen by popular election, as diets are not recognized which affect the pay or benefits social.

picked up the idea of \u200b\u200bemolument, the diet itself is included here because it is caused by local parliamentary workshop.

This whole argument based on the spot put to many receivers municipal prosecutors, because no thought for lawmakers since taking as source or argument expressed by the Comptroller General of the Republic, which has never budge on the refusal to the council.

The word diet is outlined in the Organic Law of Municipal Public Power (LOPPM, 2010), referring to the Selectmen when he says which, if not present "... the surrender of his legislative and political management of the previous year ... the diet will be suspended until his presentation ..." (emphasis mine).

apparently with the approval of the Organic Law of Emoluments, Pensions and Retirement of Senior Officials and senior officials of government (LOEPJAFPP, 2011), the council - because of those who are popularly elected via - opens the door to legitimate aspiration of these public servants, with the conditions it lays down, in addition to not be eligible retroactively in accordance with the constitutional principle. It also closed the long list of resources for interpretation and validity trainees in the highest court ruling pending.

There are some curious aspects to the LOEPJAFPP in revealing the amounts received by public officials whom it regulates, as given pubic nature, ie one can know, with the exceptions that for security reasons and defense of the nation established by the regulations of this Act In addition, the payroll shall be appropriated annually to the comptroller, without prejudice to the powers of the Ethics Council. Also in the estimates must be seen subheadings to disclose the payment of emoluments and benefits of senior officials, such as high-level management.

For the payment of emoluments will be made through bank accounts in state-owned financial institutions, unless there are no agencies in their jurisdiction.

also ordered the implementation of control and monitoring mechanisms. Moreover, the wage adjustment when it is perceived above the ceilings set by the LOEPJAFPP without prejudice to the determination of the different types of liability, including disqualification from public office, under with the provisions of the Organic Law of the Comptroller General's Office and the National Fiscal Control System (2010).

reader is suggested to take a look at other articles that I wrote called "System of municipal staff," "City and Budget", "Municipality and Planning", "City Comptroller", "On the Organization and Management Municipal ", among others, which can be found in www.eduardolarasalazarabogado.blogspot.com or www.tecnoiuris.com (Podium Legal Municipal Law), for more information about the subject matter hereof.

Another time he will address other topics on the subject.