LOCAL BUSINESS I
By: Attorney Eduardo Lara Salazar
is not uncommon for the state - from any territorial levels Public Power - to the satisfaction of collective needs, turn to the creation beings, ie, decentralized structures.
Municipality in Venezuela is no exception.
The Organic Law of Municipal Public Power (LOPPM, 2010) does not define the players, although given the power to areas selecting and implementing local management mode is most appropriate for the government and administration of its powers, which can be performed by himself or by subordinate bodies of them, or through forms of decentralization, among them find local businesses.
For its part, the Organic Law of Public Administration (LOAP, 2008) provides a definition and other guidelines which may be useful for the treatment of this subject.
First, given the status of all administrative entity functionally decentralized personality own legal subject to monitoring, evaluation and monitoring of their actions by their governing bodies, secondment and the Central Planning Commission.
According to the rules of the municipal organization and municipal companies have to do with executive or administrative function, so under the structure of City Hall, as it is the executive or government. In this regard, it is pertinent to recall the rule of LOPPM (2010) which gives the mayor to be the highest hierarch within these functions and powers.
Second, to create a municipal utility requires the approval of a decree by the mayor to be submitted to the city council, who is responsible to authorize or not, and also must have the prior opinion of the Trustee and the City Attorney City Controller, following the rules of the LOPPM, addition to the LOAP (2008).
The decree must indicate the subject matter and skills, determining the organizational form, location in the structure - which has already been explained - as well as estimates and budget allocations.
must take into account that may create new organs or entities involving duplication of the powers of other existing there without removing or restricting competition in them.
turn, in that instrument, is instructed for the creation and other steps, such as drafting the charter and bylaws; Registry, registration with the National Tax Administration (RIF, IVSS, among others) Municipal publication in the Gazette.
is worth recalling the principle of tax immunity of legal persons of public law at this point.
However, the legal system not only allows the municipality may done in a company and take it to the governmental sphere, and you can create a municipal utility, it would be feasible to acquire by buying shares to their owners or through exchange, transfer or any other contractual means, just to mention the consensus.
reversal is necessary to indicate when it is facing a municipal concession and return to the government, the LOPPM (2010) states that the goods will be handed the City at no cost.
As a third element must not be overlooked some principles contained in the LOAP (2008) and they are concerned with the organization administrative, include the following: Legality, serving the public administration, fiscal accountability, management control, efficiency, efficiency in the allocation and use of public resources, Sufficiency, Rationality and Adjustment of the institutional means to ends, Simplicity, Transparency and Organizational Closeness to the people, Coordination, Cooperation, among others.
These principles interact with those provided by the LOPPM (2010), may list: Social Stewardship, Planning, Decentralization, Transfer to the Community, Citizenship, among others.
reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP", "The according to their Community Councils Act of 2009 "," Municipal Management Media "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Finance " "municipal property", "La Parroquia LOPPM in 2010 "," On the Media Participation ", among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)
Another opportunity will touch on other aspects related to the topic.
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