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f) Management, settlement and collection of judicial charges established by the
Generalitat within the sphere of its powers over the administration of justice.
ARTICLE 105. JUDICIAL OFFICE, AND INSTITUTIONS AND SUPPORT SERVICES
In accordance with the Organic Law of Judicial Power, the Generalitat has the
authority to determine the creation, design, organisation, resources, and
management of judicial offices and support services for jurisdictional bodies,
including the regulation of institutions, institutes and forensic medicine and
toxicology services.
ARTICLE 106. FREE LEGAL SERVICE. MEDIATION AND CONCILIATION PROCESSES
1. The Generalitat has power to organise free legal services and free legal advice
services.
2. The Generalitat may establish the instruments and procedures for mediation and
for conciliation in the resolution of conflicts in matters within its powers.
ARTICLE 107. JUDICIAL DEMARCATION, ORGANISATION AND CAPITALS
1. Subject to the report of the Council of Justice of Catalonia, the Government of
the Generalitat shall propose to the State Government the determination and
review of judicial demarcation and organisation in Catalonia, at least every five
years. This proposal, which is mandatory, shall accompany the Government bill
sent by the Government to the Cortes Generales.
2. Modifications of judicial organisation that do not involve legislative reform may
correspond to the Government of the Generalitat. Similarly, the Generalitat may
create sections and courts, under delegation by the Government of the State, in the
terms established by the Organic Law of Judicial Power.
3. The capitals of the judicial demarcations are established by an Act of Parliament.
ARTICLE 108. JUSTICE OF THE PEACE AND JUSTICE OF PROXIMITY
1. The Generalitat has power over justice of the peace under the terms established
by the Organic Law of Judicial Power. In the same terms, appointment of judges
corresponds to the Council of Justice of Catalonia. The Generalitat is also
responsible for their allowances and for the provision of the necessary resources for
them to carry out their duties. The creation of secretarial offices and their provision
also corresponds to the Generalitat.
2. In the specified towns and in accordance with the provisions of the Organic Law
of Judicial Power, the Generalitat may demand the establishment of a system of
justice of proximity, with the aim of resolving minor conflicts speedily and
efficiently.
ARTICLE 109. SUBROGATION CLAUSE
In addition to the powers expressly attributed to it in this Estatut, the Generalitat
exercises all the functions and powers that the Organic Law of Judicial Power
recognises for the State Government in relation to the Administration of Justice in
Catalonia.
TITLE IV. POWERS
CHAPTER I. TYPES OF POWER
ARTICLE 110. EXCLUSIVE POWERS
1. In matters in which the Generalitat has exclusive power, legislative power,
regulatory power and the executive function correspond fully to the Generalitat.
The exercise of these powers and functions, by means of which it may establish its
own policies, is the exclusive right of the Generalitat.
2. In matters regarding the exclusive power of the Generalitat, Catalan law is
applicable in its territory and shall prevail over any other.
ARTICLE 111. SHARED POWERS
In matters in which the Estatut attributes powers to the Generalitat which are
shared with the State, legislative power, regulatory power and the executive
function are the responsibility of the Generalitat, within the framework of the basic
conditions established by the State as principles or lowest common legislative
denominators in rules of legal rank, with the exception of those circumstances
determined by the Constitution and this Estatut. The Generalitat may establish its
own policies in the exercise of these powers. Parliament shall implement and
specify said basic provisions by means of a law.
ARTICLE 112. EXECUTIVE POWERS
In matters in which the Generalitat has executive powers, the Generalitat has
regulatory power, which includes the power to approve provisions for execution of
State rules, and also the executive function, which in all cases includes the power
to organise its own administration and, in general, all the functions and activities
that the system attributes to the Public Administration.
ARTICLE 113. POWERS OF THE GENERALITAT AND EUROPEAN UNION RULES
The Generalitat has the authority to enact, apply and implement European Union
rules when these affect its powers, under the terms established in Title V.
ARTICLE 114. PROMOTIONAL ACTIVITY
1. The Generalitat has the authority to carry out promotional activities in matters
within its power. To this end, the Generalitat may grant subsidies from its own
funds.
2. In matters where the Generalitat has exclusive power, the Generalitat has the
authority to specify the purpose for which territorialisable subsidies from the State
and from European communities are used, and also to regulate the conditions for
their assignment and management, including administration and award.
3. In matters where power is shared, the Generalitat has the authority to specify, in
the form of a regulation, the purpose for which territorialisable subsidies from the
State and from European communities are used, and also to complete the
regulation of the conditions for their assignment, including administration and
award.
4. In matters where the Generalitat has executive power, the Generalitat has
authority to manage territorialisable subsidies from the State and from European
communities, including their administration and award.
5. The Generalitat shall participate in determining the non-territorialisability of [ Pobierz całość w formacie PDF ]