Law 3/2021, May 28, which established the Official College of Licensing and Alumni in Environmental Sciences of Castilla-La Mancha.
statement of motives
Article 32.5 of the Statute of the Autonomy of Castilla-La Mancha grants the Council of the Communities of Castilla-La Mancha, within the framework of the basic legislation of the State and, where appropriate, in the conditions it determines, the legislative development and enforcement in the affairs of the institutions of common law representing economic and professional interests.
In the exercise of this jurisdiction, Law 10/1999, of May 26, was enacted. , on the creation of professional associations in Castilla-La Mancha, where Article 10 states that the creation of new professional associations, in all or part of the territory of the Castilian-Manchego region, will be agreed upon by the Law of the Courts of Castilla-La Mancha, the draft which must be prepared by the Board of Directors, accepting a majority request which is reliably expressed by the professionals concerned, without prejudice to the legislative initiative provided for in the Statute of Self-Government with respect to the proposals of law. For his part, Decree 172/2002, December 10 , on the development of Law 10/1999 of May 26, on the creation of professional associations in Castilla-La Mancha, regulates the procedures to be addressed for the creation of a new professional association.
The Environmental Sciences Society of Castilla-La Mancha requested, on behalf of these professionals, the establishment of an official college of their profession in Castilla-La Mancha, which led to the procedure from which this law is derived.
Practicing the profession represented by this association requires academic training backed by official qualifications recognized by Royal Decree 2083/1994, of October 20, which defines the official undergraduate degree of Bachelor of Environmental Science. General guidelines for study plans leading to their acquisition were approved as amended by Royal Decrees 1561/1997 of October 10 and 371/2001 of April 6.
Subsequently, the official title for postgraduate studies in environmental sciences was established, in accordance with the provisions of Article 12 Royal Decree 1393/2007, October 29, regulating formal university education.
Spanish Constitution Article 45 of it stipulates the protection of the environment as a working principle of public authorities, which ensures the rational use of natural resources, and takes measures to protect, defend and restore them. All this without forgetting that the gradual deterioration of the environment practically has a negative impact on the right to protect public health, enshrined in Article 43 of the same constitutional text. In the same sense, Article 4 of the Statute of the Autonomy of Castilla-La Mancha states that the Military Council of the Communities of Castilla-La Mancha will exercise its powers with the primary objective of enhancing the quality of life, by protecting nature and the environment. .
From the perspective of the public interest, the establishment of the Official College of Graduate and Graduate Studies in Environmental Sciences in Castilla-La Mancha, where professionals with the necessary and sufficient knowledge and qualifications, to exercise this profession, justify the need to have a collective organization ordering the exercise of their profession in the territorial scope of this governed community Self, as a means of ensuring the accuracy and quality of professional services that its university staff lends to users and consumers in order to preserve the environment.
In addition, with the creation of this professional association, which responds to the voluntary affiliation model, this group is provided with an appropriate organization that guarantees their representation and defense of their professional interests and, at the same time, contributes to strengthening dialogue with public authorities, by finding a way to cooperate with public administrations.
Article 1. Subject, nature and legal system.
1. The Official College of Graduate and Graduate Studies in Environmental Sciences of Castilla-La Mancha, has been established as a public law firm, with its legal personality and full capacity to act in order to achieve its objectives.
2 – Its internal structure and its operation shall be democratic, and its actions shall be governed by the basic legislation of the State and the regulations of the Autonomous Community of Castilla-La Mancha in the affairs of trade unions, under this Law, its statutes and others. By-laws, the number of rules that are directly or subordinately applied.
Article 2. Purposes and Functions.
The purposes and functions of the official College of Graduate and Graduate Studies in Environmental Sciences at Castilla-La Mancha will be those to be attributable at all times by current legislation on professional associations.
Article 3. Territorial scope.
The regional scope of the Official College of Graduate and Graduate Studies in Environmental Sciences at Castilla-La Mancha is that of the Autonomous Community of Castilla-La Mancha.
Article 4. Personal scope.
The Official Graduate and Graduate School of Environmental Sciences at Castilla-La Mancha will bring together people with any of the following degrees, and apply to join it:
a) a degree in environmental sciences, obtained in accordance with the provisions of Royal Decree 2083/1994, of October 20, which defines an official university degree in environmental sciences and approves the general guidelines for study plans leading to obtaining it, or a duly accredited foreign qualification, or a declaration of an equivalent qualification, or the recognition of relevant professional qualifications, in accordance, where applicable, with European regulations.
b) A degree in Environmental Sciences, obtained in accordance with the provisions of Royal Decree 1393/2007, on October 29 , which determines the regulation of formal university education, a duly accredited equivalent foreign qualification, declaration of an equivalent qualification, or the recognition of relevant professional qualifications, in accordance with European regulations, where applicable.
Article 5. Relationships with management.
The Official College for Graduate and Graduate Studies in Environmental Sciences of Castilla-La Mancha will be linked to the administration of the Community Council of Castilla-La Mancha through the Council that awarded competencies in the affairs of professional associations, in their institutional and corporate aspects. . In aspects related to the contents of the profession, the college will be in contact with the aforementioned administration through the ministries whose competencies are related to the environment.
Article 6. Membership.
Incorporation into the Official College of Graduate and Graduate Studies in Environmental Sciences at Castilla-La Mancha will be voluntary, unless a legal provision of a state nature proves otherwise.
Single temporary provision. incorporation process.
1. The management committee appointed by the Castilla-La Mancha Environmental Sciences Association shall, within six months of the entry into force of this Act, prepare a census of all persons included in the personal scope specified in Article 4 who exercise in the territory of Castilla-La Mancha, as well as To the draft statutes of the Official College of Graduates and Graduates in Environmental Sciences, which will necessarily contain the procedure and term for convocation and operation of the Constituent Assembly of the College and the requirements for obtaining the status of a university person, which will allow participation in this assembly, as well as the formation of the governing bodies of the College. The convocation of the Constituent Assembly will be published in the Official Gazette of Castilla-La Mancha, and in at least two of the most widely circulated newspapers of the Autonomous Community at least two months before the date of its celebration.
2. The Constituent Assembly will be responsible for approving the management undertaken by the Management Committee in accordance with the mandate set forth in the previous section, approving the College’s statutes and electing members of its governing bodies.
3. The minutes of the Constituent Assembly will be transmitted to the Council concerned with the affairs of professional associations and will include the formation of the governing bodies and the statutes of the Official College of Graduate and Graduate Studies in Environmental Sciences of Castilla-La Mancha for them. Control of legality and subsequent registration and publication in the Official Journal of Castilla-La Mancha.
4. Actions carried out by the management committee in implementation of the provisions of this law are subject to appeal before the council concerned with trade union affairs within one month. If no express decision of appeal is notified within another month, it will be rejected.
An administrative-controversial appeal may be filed against the rejection of the appeal, in accordance with the provisions of Law 29/1998, dated July 13. Organizer of the controversial administrative judiciary.
Unique final verdict. entry into force.
This law enters into force twenty days after its publication in the Official Gazette of Castilla-La Mancha.