Last modified: 2020-10-05 by ivan sache
Keywords: extremadura |
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The process of adoption, modification and "rehabilitation" of flag and arms of Extremaduran local entities was first prescribed by Decree No. 13, issued on 19 February 1991 by the Government of Extremadura and published on 26 February 1991 in the official gazette of Extremadura, No. 16, pp. 399-401 (text). As stated in Article 8, the Orders prescribing the new local symbols were published in the official gazette of Extremadura, including the symbols' complete description and black and white drawings.
1. The local entities of the Autonomous Community of Extremadura can adopt a flag and a coat of arms, "rehabilitate" historical ones, or modify those previously established, in compliance with the process prescribed in this Decree.
2. No local entity of the Autonomous Community of Extremadura can use a flag of coat of arms that has not been approved by the competent body, except those that were adopted before the transfer of the duties of the State Administration to the Autonomous Community of Extremadura regarding honors and distinctions of the local corporations.
1. The Assessing Council of Honours and Distinctions is created, as a consultative body tasked to issue a report on the processes of adoption, modification or "rehabilitation" of local flags and arms, as well as any other related document required by the Ministry of the Presidency and Labor.
2. The Council is composed of a President and five members.
a) The presidency is exerted by the Director General of the Local Administration of the Ministry of the Presidency and Labor.
b) The members are the following:
- a member appointed by the Royal Extremaduran Academy of Letters and Arts:
- two representatives of the University of Extremadura, appointed by the Ministry of the Presidency and Labor;
- an expert in herladry and vexillology of recognized merit, appointed by the Ministry of the Presidency and Labor;
- a representative of the Directorate General of Cultural Heritage.
c) The Secretary of the Assessing Council of Honours and Distinctions shall be appointed by the President of the Council. The Secretary shall participate to the sessions without the right of vote.
1. The process of adoption, modification or "rehabilitation" of local flags, banners and arms shall be initiated by an Agreement of the Council of the entity. The Agreement shall contain a detailed description of the apporved proposal of flag or arms, as well as the motivations of the Agreement.
2. The files should include the following documentation:
a) A memoir or technical study submitted by an expert in herladry of vexillology, which explains in detail the historical and technical background of the proposed symbols approved by the local entity.
b) An original copy of the drawing of the proposed new symbol, clearly showing the colors, metals and tinctures, and, for a flag, the dimensions.
1. The Agreement refered to in the previous Article shall be submitted to the information of a public for a duration of 15 days, as announced in the official gazette of Extremadura and in the record of acts of the local entity.
2. The Municipal Council of the local entity shall resolve appeals.
3. In case of no appeal, the Secretary of the corporation shall append a certificate to the files, the adoption of a new Agreement is not required.
The local entity shall submit the whole files to the Ministry of the Presidency and Labor, which will require the recommendation of the Assessing Council.
If the recommendation by the Assessing Council is favorable to the proposed symbol submitted by the local entity, the proposal shall be approved by an Order of the Ministry of the Presidency and Labor, which will notify the local entity and have the Order publish in the official gazette of Extremadura.
1. In case of discrepancy, the Assessing Council of Honors and Distinctions shall precisely state in its recommendation the points conisdered non-compliant with the heraldic or vexillological norms, as well as the reasons of its incorrection, and, simultaneously, propose the alternatives deemed the most appropriate.
2. The Ministry of the Presidency and Labor shall transfer the recommendation releasrd by the Assessing Council to the local entity, allowing adelay of one month during which, via an Agreement, the local council shall explicitly state whether the alternatives proposed by the Assessing Council in its recommendation are accepted.
3. It the corporation accepts the alternatives in its Agreement, a new proposal of flag or arms shall be submitted to the Ministry of the Presidency and Labor, for submission for approval by the Ministry of the Presidency and Labor, as previously prescribed in Article 6.
4. If the locam entity appeals its initial proposal, the Ministry of the Presidency and Labor shall transfer the appeal to the Assessing Council, which will asses it.
If after having followed all the aforementioned steps the eventual proposal by the local corporation receives a new unfavourable recommendation, the Ministry of the Presidency and Labor shall close the fie by a motivated Order that will be notified to the interested parties and published in the official gazette of Extremadura.
The Operating Rules of the Assessing Council of Honors and Distinctions of the Autonomous Community of Extremadura were prescribed by a Resolution issued on 24 October 2002 by the Government of Extremadura and published on 26 October 2002 in the official gazette of Extremadura, No. 124, pp. 13,088-13,090 (text).
Ivan Sache, 14 March 2020
The original Decree was superseded by Decree No. 309, issued on 15 October 2007 by the Governement of Extremadura and published in the official gazette of Extremadura, No. 121, pp. 16,196-16,199 (text).
The new Order simplified the procedure, leaving the duty of definitvely approving the symbols to the Municipal Councils after administrative validation by the Government of Extremadura (or lack of in due time).
Publication in the official gazettes was restricted to the Announcement of the initiation of the process for public information (Article 7); in most cases, the text does not include a description of the symbols. Since the final Agreement prescribing the symbols is no longer to be published in the official gazette of Extremadura, the design of symbols adopted after 2007 is no longer available in official sources as it was before.
Article 2. Symbols of local enbtities
1. The Decree considers as symbols the coat of arms and the flag, as well as any other conisdered by the local entities as symbols, being graphical, xeillological or musical.
2. Graphic symbols are coat of arms, emblems, logotypes and all other insignia of that ilk.
3. The status of vexillological symbol is granted to flags, as well as to standards, banners and other insignia made of cloth. [...]
Article 4. Prohibited symbols
1. The local entities of Extremadura can adopt, modify or "rehabilitate" the symbols deemed worth of being so, after validation of the relevant files, in compliance with the norms established in this Decree.
2 It is prohibited to include on the design of coat of arms, flags or other symbols, the acronyms, anagrams or logotypes of political parties, workers' unions, business organizations and other associations or private entities, as well as those that violate constitutional principles and harm fundamental rights.
3. It is also prohibited to use symbols that call to violence in whatever its manifestation.
4. Local entities cannot adopt symbols that are identical or generate confusion with other legally inscribed in the Register of Symbols, Titles and Honors of the Local Entities or Extremadura.
Article 5. Initiation of the process of adoption, modification or "rehabilitation" of symbols
1. Local entities that lack symbols, that want to modify existing symbols, or that want to "rehabilitate" historical symbols, can automatically initiate the process of adoption, modification or "rehabilitation" via an Agreement issued by the highest representative organ, for Municipalities, or via citizens, for Submunicipal Entities.
2. The Agreement initiating the process of adoption, modification or "rehabilitation" of symbols can include a proposal of symbol or a call for ideas, except for the process of "rehabilitation" of symbols, which should mandatory include a proposal. In all cases, the absolute majority of the legal number of members of the Corporation is required.
3. The symbol's proposal shall be supported by a report issued by a professional, expert in the field, depending on the symbols, in which the rationale of the proposal of approval, modification or "rehabilitation" is exposed.
4. The call of ideas for the adoption or modification of a symbol shall include:
a) A declaration of the open and public character of the contest.
b) The designation of the members of the jury, that will be composed of an odd number of members, no more than five, whose majority should be expert in the field. On all cases, the secretariat of the jury, allowed to speak but not to vote, shall be served by the Secretariat of the local entity or its legal substitute.
c) The statement of the deadline for idea's submission, which should not be shorter than two months and not longer than four.
d) The prize(s) to be awarded, if any.
e) The explicit duty to transfer all intellectual property rights that could derive from the ideas submitted to the contest and awarded.
Article 6. People's initiative
1. The process can be initiated by citizens, provided they represent the following proportions of the Municipality or Submunicipal Entity:
a) Until 5,000 inhabitants, 20%
b) Between 5,001 and 20,000 inhabitants, 15%
c) 20,001 inhabitants and more, 10%.
2. The demand will be presented to the Municipal Council or the Village Council of a Submunicipal Entity [...] that will accept or reject the initiative within one month.[...]
3. If the demand includes a proposal of symbol, it should be supported by a report issued by a professional expert in the field, depending on the nature of the symbol. If no proposal is submitted, the Municipal Council or the Village Council shall call for a call to ideas as prescribed in the previous Article.
Article 7. Public information and reviewing
1. The Agreement on the initiation of the process of adoption, modification or "rehabilitation" of the coat of arms, flag or other symbols of local entities shall be submitted to public information within 20 days, via an Announcement published in the relevant official Provincial Bulletin, in the record of acts of the local entity, in local media, if any, and in the official gazette of Extremadura.
2. After the opening of the period of public information, advice shall be required from all the citizen's associations and other directly related to the preservation and promotion of the historical, artistic and cultural heritage of the local entity that are inscribed on the relevant register.
3. The files shall include the following documentation
a) Certification by the Secretary of the local entity of the Agreement initiating the process
b) If a proposal of symbol is included, the supporting memoir
c) If a call to ideas was launched, all the proposals
d) In the case of a Submunicipal Entity, once the public information completed, the files will be reviewed within 15 days by the ruling Municipality.
Article 8. Outcome of the call to ideas
The jury shall give the result within one month and no more after the completion of the public information.
Article 9. Submission to the administration of the Autonomous Community
1. Before the adoption by the local entity of the final Agreement of approval, modification or "rehabilitation" of the symbols, the administrative files shall be submitted to the Ministry in charge of Local Administration at the Government of Extremadura, which will issue a legal report within two months. Would the report not be submitted in due time, the process will go on.
2. The report shall include, if necessary, the existence of symbols of other local entities already inscribed in the Register of Symbols, Titles and Honors of the Local Entities or Extremadura that are identical or could cause confusion.
Article 10. Completion
1. The completion of the process is the duty of the highest collegial body representing the local entity. It requires the favorable vote of the absolute majority of the legal number of its members, as prescribed in Article 47.2.e) of Law No. 7 promulgated on 2 April 1985 regulating the bases of local regime.
2. In processes initiated by citizens, the duration of the process until its completion cannot exceed six months. In case of no notification of the explicit completion, the demand will be considered as rejected.
Article 13. Regime of use of the symbols
1. No Extremadurian local entity can use symbols not legally approved and inscribed in the Register of Symbols, Titles and Honors of the Local Entities or Extremadura.
2. The use by private entities and individuals of symbols inscribed in the Register of Symbols, Titles and Honors of the Local Entities or Extremadura is prohibited, unless explicitly permitted by the relevant local entity.
3. The official documents of the local entities shall feature only symbols approved and inscribed in the Register of Symbols, Titles and Honors of the Local Entities or Extremadura.
Ivan Sache, 14 March 2020
The Register of Symbols, Titles and Honors of the Local Entities or Extremadura and its Rules of organization and functioning are prescribed by an Order issud on 30 October 2002 by the Governement of Extremadura and published in the official gazette of Extremadura, No. 129, pp. 13,454-13,546 (text).
Article 2. Inscription
1. In the Register shall be inscribed all local symbols, titles and honors that have been approved in compliance with the criteria and processes prescribed in Decree No. 63 issued on 2 May 2001 [..]
2. The coats of arms and flags that have been approved by the Government of Extremadura in compliance with the criteria and processes prescribed in Decree No. 63 issued on 2 May 2001 shall be automatically incribed in the the Register by the Directorate General of Local and Interior Adminitration. [...]
Article 3. Symbols' protection
The symbols, titles and honors, as well as local distinctions duly inscribed and published, will be legally protected [...]
Article 5. Organization of the Register
The Register of Symbols, Titles and Honors of the Local Entities shall be organized in three sections.
Section 1. Refering to registration data of coat of arms.
Section 2. Refering to registration data of flags.
Section 3. Refering to registration data of other symbols [...]
Article 6. Registration data of coat of arms
The inscription of the coat of arms of local entities, made in the First Section, shall include the following registration data:
a) Official name of the local entity
b) Date of approval of the coat ofg arms
c) Blazon of the coat of arms
d) Color drawing of the coat of arms
e) Date of the Order approving the coat of arms
f) Date of publication in the official gazette of Extremadura of the Order of approval of the coat of arms
g) Date of the Resolution prescribing the inscription in the Register of symbols.
h) Date of publication in the official gazette of Extremadura of the Resolution of inscription.
Article 7. Registration data of flags
The inscription of the flags of local entities, made in the Second Section pf the Register of symbols, shall include the same registration data as for the flags.
Ivan Sache, 14 March 2020