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[Excerpts – Non-official translation into English]

Official Journal of the Balearic Islands No. 44, April 3rd, 2003.

Autonomous Community of the Balearic Islands
Government Presidency

Act 3/2003 of March 26th, on the legal system of the administration of the Autonomous Community of the Balearic Islands

The President of the Balearic Islands

Be it known to all citizens that the Parliament of the Balearic Islands has approved and I, on behalf of the King and by virtue of what Article 27.2 of the Statute of Autonomy establishes, promulgate the following

ACT

STATED PURPOSES

I


This act regulates, within the framework of the legal system shared by all public administrations, the organisation and operation of the Administration of the Autonomous Community of the Balearic Islands, as well as the special procedures thereto applicable.
Act 30/1992, of November 26th, on the legal system of public administrations and the administrative procedure they share, in the wording provided by Act 4/1999, of January 13th, developing Article 149.1.18 of the Spanish Constitution, has the force of basic legislation and is applicable to all public administrations as stated in its heading. The approval of this Act is therefore convenient and a good chance, as, while respecting the State’s basic legislation, it outlines the features of its self-organisation and the special procedures thereto applicable, within the framework of the competences envisaged in Articles 10.32, 11.1, 11.3, 11.6 of the Statute of Autonomy.
It is also appropriate to underline the fact that the Statute of Autonomy recognises in its Article 43 that the Autonomous Community has the duty to create and structure its own public administration within the framework of the State legislation’s general principles and basic rules and of the Statute.


[…]


TITLE IV
RIGHTS OF CITIZENS

[…]

Article 35
Right to an appropriate attention

Any person establishing contact with the Administration of the Autonomous Community of the Balearic Islands has the right to be attended with courtesy, diligence and confidentiality, and without discrimination based on sex, language, race, religion, social condition, nationality, origin, or opinion.

[…]


TITLE V
ADMINISTRATIVE ACTIVITY

[…]

Chapter I
Language

Article 43
Use of Catalan in administrative proceedings

1. The Administration of the Autonomous Community and the bodies being part of the instrumental administration shall use Catalan in their internal proceedings as well as in the relations between them. They shall also normally use Catalan in communication and notices addressed to physical or legal persons living in the Catalan linguistic area, without prejudice to the right of those persons willing to receive them in Castilian, on request.
2. The use of Catalan in the proceedings of the administrative bodies being part of the administrations referred to in the preceding paragraph shall be subject to special regulation.

Article 44
Use of Catalan in administrative procedures

1. Catalan shall be used in administrative procedures conducted by the Administration of the Autonomous Community and the bodies being part of the instrumental administration, without prejudice to the right of the persons willing to submit texts and documents, make statements and, on request, receive notices in Castilian.
2. The Administration shall provide all persons requesting it a translated affidavit of the procedures or the documentation concerning them. The translation request shall not entail any prejudice or expense to the person who has submitted the request, nor any delay in the procedures or the suspension of the proceedings or of the settled deadlines.

[…]

Fifth additional provision

Unless stated otherwise by law, the linguistic provisions established in Articles 43 and 44 shall also apply to:

a) The Islands’ Councils
b) The bodies being part of the local administration of the Balearic Islands.
c) The instrumental bodies subsidiary of the administrations mentioned in a) and b).
d) The public law corporations subsidiary of the administration of the Balearic Islands.

[…]

Single derogatory provision

All provisions of an equal or inferior status opposed or contradicting what is established by this act shall be derogated, and specially:

a) Those provisions of Act 5/1984, of October 24th, on the legal system of the Administration of the Autonomous Community of the Balearic Islands still in force.
b) The second additional provision of Act 4/2001, of March 14th, on the Government of the Balearic Islands.
c) Act 5/1994, of November 30th, on the representation and defence of the Administration of the Balearic Islands before a court.
d) Paragraphs 1 and 2 of Article 10 of Act 3/1986, of April 29th, on linguistic normalisation.

[…]

First final provision

The Government of the Balearic Islands is authorised to pass the necessary provisions aiming at the development of the present Act.

Second final provision

This Act shall enter into force three months after its full publication in the Official Journal of the Balearic Islands.

I, therefore, order all citizens to observe this Act and all the concerned courts and authorities to guarantee its observance.


Palma, March 26th, 2003

THE PRESIDENT,
Francesc Antich i Oliver

The Minister of Presidency,
Antoni Garcias Coll