Municipal Ordinances and Administrative Sanctioning Procedures

Adoption of Municipal Ordinances and Regulations

The EC grants municipalities the power of self-regulation. Act 7/85 (LBRL) establishes the following procedure:

• Initial approval by the Plenary.
• Public information period: A minimum of 30 days for stakeholders to file claims and suggestions.
• Resolution of claims: Addressing details and final approval by the Plenary.

In cases where no claims are filed, the initial approval remains definitive. According to the provisions of LBRL 7/85, note the following rules:

• The Plenary is responsible for approving the Organic Regulation of municipalities.
• The Mayor approves municipal ordinances and edicts.
• Ordinances are adopted by a simple majority of members present, provided the Plenary meets with at least 1/3 of its legal members.
• Approval of the Organic Regulation and Town Planning Regulations requires an absolute majority of the legal number of members.

All citizens are entitled to obtain certified copies of local corporate agreements and to consult archives and registers. Ordinances must be published and come into force within 15 days of their publication in the provincial official gazette (BOP). In the case of prosecutors, they become applicable upon final publication in the BOP.

Local authorities are obligated to refer copies or summaries of acts, deeds, and agreements to the State government and autonomous communities. Provisions that violate the law can be challenged by the State administration, autonomous communities, or members of the corporation who voted against them. Public administrations may also challenge provisions and acts that threaten their autonomy.

The Seizure of Goods

Seizure is not a mandatory additional sanction imposed by administrations exercising sanctioning power; it is discretionary. The authority competent to impose forfeiture must settle sanctioning cases. It may only be exercised in the following cases:

• Article 10.3 of RD 1945/1983: Cases involving adulterated, fraudulent, or false merchandise that poses a risk to consumers, determining the fate of the confiscated items.
• Article 4.2: Cases where there is no authorization for the elaboration, distribution, or sale of goods.

Precautionary Intervention

This is not a sanction and must occur prior to the resolution of the sanctioning case. Local police have the authority to perform this operation only when it involves the confiscation of merchandise, and they must always provide a report copy to the interested party. While precautionary intervention is not explicitly contained in Law 1/1997, it is consistent with the provisions of Law 30/1992 (RJAP-PAC) to preserve the health and safety of consumers and users.