All the information about the Legal Advisory Commission
Superior advisory collegiate body of the Community of Madrid.
The Commission
The Legal Advisory Commission, created by Law 7/2015, of December 28, on the Suppression of the Consultative Council of the Community of Madrid, is the highest advisory collegiate body of the Community of Madrid.
It has its antecedents in the Consultative Council of the Community of Madrid, created by Law 6/2007, of December 21, which exercised the consultative function from 2008 to 2015.
The advisory function was articulated through the Legal Services of the Community of Madrid, in accordance with the provisions of the seventeenth additional provision of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Administrative Procedure Common (currently, article 7 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector).
It exercises the consultative function with hierarchical, organic and functional autonomy, with full independence in the exercise of its powers to guarantee its objectivity and impartiality.
It watches over the observance of the Constitution, the Statute of Autonomy and the rest of the legal system.
It is the highest advisory body:
- Of the Administration of the Community of Madrid, its autonomous bodies and public law entities dependent on it.
- Of the Local Entities and of the organisms and entities of Public Law dependent on them.
- Of the Madrid Public Universities.
Composition:
The Legal Advisory Commission is made up of ten Vocal Lawyers.
The vocal lawyers are designated by Decree of the Government Council, among Lawyers of the Community of Madrid, career civil servants, with more than ten years of seniority, attached to the General Lawyers of the Community of Madrid.
The selection of the vocal lawyers is carried out through a competition, in accordance with the principles of equality, merit, capacity and publicity, adapting to the criterion of parity between men and women.
The vocal lawyers perform their duties for periods of six years and lose their status by the expiration of the period for which they were appointed and for the causes provided in the EBEP for the loss of the status of public official.
The president of the Legal Advisory Commission is appointed by Decree of the Governing Council, from among the vocal lawyers and at their proposal.
The secretary and, where appropriate, the vice president, are appointed by agreement of the Plenary of the Legal Advisory Commission, at the proposal of the President.
President: Rocío Guerrero Ankersmit
Vice President: Ana Sofía Sánchez San Millán
Secretary: Carmen Cabañas Poveda
Vocal Lawyer: Rosario López Ródenas
Vocal Lawyer: Francisco Javier Izquierdo Fabre
Vocal Lawyer: Silvia Pérez Blanco
Vocal Lawyer: Carlos Hernández Claverie
Vocal Lawyer: Javier Espinal Manzanares
Appointments of the Vocal Lawyers:
Decree 20/2016, of March 15, of the Governing Council, which resolves the call approved by Order 130/2016, of January 26, of the Minister of the Presidency, Justice and Government Spokesperson, which approves a public call for the provision of Vocal Lawyers of the Legal Advisory Commission of the Community of Madrid and Vocal Lawyers are appointed.
Decree 69 / 2019, of 23 of July, of the Governing Council, which resolves the call approved by Order 922/2019, of March 26, of the Vice President, Counselor of the Presidency and Government Spokesperson, approving public call for the provision of Vocal Lawyers of the Legal Advisory Commission of the Community of Madrid and Vocal Lawyers are appointed.
Decree 57 / 2020, of 16 of July, of the Governing Council, which resolves the call for the provision of a Vocal Lawyer of the Legal Advisory Commission of the Community of Madrid, approved by Order 38/2019, of November 14, of the Vice President, Sports Counselor , Transparency and Government Spokesperson and a Vocal Lawyer is appointed.
Decree 120/2020, of December 23, of the Governing Council, by which a Vocal Lawyer of the Legal Advisory Commission of the Community of Madrid is appointed.
Appointment of the President:
Decree 22/2016, of March 22, of the Government Council (BOCM 70, of March 23).
Competences
The Legal Advisory Commission must be consulted in all those matters that, by law, require the issuance of an opinion by the advisory Administration (mandatory consultations).
In addition, the Governing Council of the Community of Madrid or its Presidency may seek the opinion of the Legal Advisory Commission on those other matters that require it due to their special importance or impact (optional consultations).
MANDATORY CONSULTATIONS
The Legal Advisory Commission must be consulted by the Community of Madrid on the following matters:
- Preliminary projects for the reform of the Statute of Autonomy of the Community of Madrid.
- Draft legislative decrees.
- Projects of regulations or provisions of a general nature that are issued in execution of the laws, and their modifications.
- Agreements and cooperation agreements with other Autonomous Communities.
- Judicial or extrajudicial transactions on the rights of economic content of the Community of Madrid as well as the submission to arbitration of the questions that arise on them.
-Proceedings processed by the Community of Madrid, local entities and public universities on:
1. Property liability claims, when the amount claimed is equal to or greater than fifteen thousand euros or the amount is undetermined.
2. Ex officio review of administrative acts in the cases established by law.
3. Extraordinary review resources.
4. Approval of specifications of general administrative clauses, interpretation, nullity and resolution of administrative contracts and modifications thereof in the cases established by the legislation of public sector contracts.
5. Interpretation, nullity and termination of administrative concessions when opposition is formulated by the concessionaire.
6. Creation or suppression of municipalities, as well as the alteration of municipal terms.
7. Claims addressed to the Administration based on the contractual liability that it may have incurred, in cases where the compensation claimed is equal to or greater than 50.000 euros, in accordance with article 191.3 c) of the Law. 9/2017, of November 8, on Public Sector Contracts, which transposes into the Spanish legal system the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of February 26, 2014 .