Article 19 of the English Constitution recognizes all English citizens the right to free movement throughout the country. This right is also granted to all people in the international treaties and conventions to which Spain is party.
extraordinary circumstances which contribute to the closure of English airspace because of the situation triggered by the dereliction of duty by civilian air traffic controllers, prevent the exercise of fundamental rights mentioned and determine the cessation of an essential public service to society as is the air transport service. This is undoubtedly a public calamity of enormous magnitude for the very large number of citizens affected, an entity of the rights infringed and the seriousness of the damage caused.
To restore normalcy in the provision of that public service and restore the fundamental rights of citizens, now eroded, and having failed all attempts to end the existing state of public calamity, it is essential to proceed with the declaration of the State of alarm in order to eliminate obstacles to their safe and continuous supply.
The measures contained in this Royal Decree are necessary to address the situation and are proportionate to the extreme seriousness of it.
At its behest of First Deputy Prime Minister and Minister of Interior, Defense Minister and the Minister of Public Works, and after deliberation by the Council of Ministers at its meeting on December 4, 2010, DECREE
:
Article 1. Declaration of state of alarm.
Under the provisions of Article 4 paragraph c. in relation to paragraphs a. and d. Organic Law 4 / 1981, June 1, the states of alarm, emergency or siege is declared a state of alarm to remedy the stoppage of essential public services of air transport.
Article 2. Territorial and material.
The declaration affects state of alarm throughout the national territory, all the control towers at airports in the network and control centers operated by the public company "English Airports and Air Navigation (AENA) '.
Article 3. Subjective level.
Under Articles 9.A and 12.Dos of the Organic Law 4 / 1981 in conjunction with Article 44 of Law 48/1960 of 21 July on airspace, all air traffic controllers serving AENA have passed, during the term of a state of alarm, the consideration of military personnel for the purposes of the provisions of Article 10.After the said Organic Act and therefore are subject to the direct orders of the authorities designated in this royal decree, and criminal law and military discipline, in accordance with Article 8.5 of Organic Law 13/1985 of 9 December.
Article 4. Licenses, ratings and annotations.
The civilian air traffic controllers serving AENA maintain all the powers inherent in the license, ratings, annotations and medical certificates they hold, although exercise those powers in any event, under the supervision of the Army organization and Air.
Article 5. Duration .
The duration of a state of alarm that is declared in this Royal Decree is fifteen calendar days.
Article 6. delegated authority of the Government.
Chief of Staff of the Air Force and military authorities shall designate relevant decisions in compliance with the provisions of article 3 of this Royal Decree.
single transitional provision. Processing procedures.
procedures referred to in Article 3 of this Royal Decree initiated and not completed during the rule of alarm continue to be processed, once extinguished that State, subject to labor legislation or administrative. Disposal
unique. Entry into force.
This Royal Decree shall enter into force at the time of its publication in the Official Gazette. "
Since the Embassy of Spain in Buenos Aires, on December 4, 2010. JUAN CARLOS R.
Minister of the Presidency, Ramon Jauregui Atondo
GOVERNMENT GAZETTE No. 295 Saturday December 4, 2010 Section I. P. 101 222
Barcelona Bar
0 comments:
Post a Comment