The Council of Ministers, at the proposal of the Ministry of Territorial Policy and Public Function, has approved today, within the Royal Decree-Law of new measures against COVID-19, an amendment to Law 7/1985, regulating the Bases of Regime Local, to facilitate local entities the possibility of calling and holding sessions of their collegiate bodies, and adopting remote agreements by electronic means.
The Law adapts to serious situations
To facilitate the meetings of collegiate bodies, such as plenary sessions or commissions, electronically, a new section 3 is added to article 46 of the Law with the following wording:
"3.
In any case, when there are exceptional situations of force majeure, serious collective risk, or public catastrophes that prevent or disproportionately hinder the normal operation of the face-to-face regime of the sessions of the collegiate bodies of the Local Entities, these may, appreciated the concurrence of the situation described by the Mayor or President or whoever validly substitutes them for the purpose of the call in accordance with current regulations, to set up, hold sessions and adopt remote agreements by electronic and telematic means, provided that their participating members are in Spanish territory and its identity is accredited.
Likewise, communication between them must be ensured in real time during the session, providing the necessary means to guarantee their public or secret nature, as legally appropriate in each case. ”
The electronic means considered valid are also described: audioconferences, videoconferences and technological or audiovisual systems that adequately guarantee technological security, the effective participation of its members, the validity of the debate and the voting of the agreements that are adopted.
Measure necessary for extraordinary situations
The exceptional nature of the situation created as a consequence of Covid-19 led the Government to declare a state of alarm through Royal Decree 463/2020, of March 14, under Article 116 of the Constitution.
In situations like this, with crises of great dimensions and that may occur due to force majeure, with serious collective risk or public catastrophe, it is necessary to adopt measures to guarantee the democratic functioning of local entities.
Likewise, and for reasons of legal certainty, the basic legislation of the local regime must expressly contemplate these situations of serious crisis that prevent the ordinary operation of the face-to-face regime of the collegiate bodies of local entities and, to guarantee their democratic functioning, they can be constituted , convene, hold sessions and adopt remote agreements by valid electronic means, provided that its participating members are in Spanish territory and their identity is accredited.
With this objective, article 46 of Law 7/1985, regulating the Bases of the Local Regime, is modified, within a norm with the rank of law, such as the one approved today by the Council of Ministers, given the situation of extraordinary and urgent need.
