Open council

The open council regime is a system of municipal organization in Spain in which small municipalities and entities with a territorial scope smaller than the municipality that do not reach a significant number of inhabitants are governed by a system assembly (the neighborhood assembly) that serves as the plenary session of the town hall.

This system is heir to the councils that were political systems in the Christian territories of the Early Middle Ages in the Iberian Peninsula, in which the neighbors organized themselves into a sovereign assembly in which they decided all aspects related to the government of each locality., among them the communal use of meadows, forests and neighboring mountains for livestock and agricultural purposes, irrigation and the exploitation of the mill, the oven or the salt well, but also as a judicial body.

This form of popular and local self-government is typical of towns, villages, villages and cities, it emerged in the IX century —after the collapse of Visigothic power—, and it will function fully in the Christian areas of the north until the XIII century, when the different Crowns, strengthened by the conquests in the south, begin to impose their own legislation on the people. The council was closely related to the communal or batzarre, the communally owned fields and forests. It will gradually lose functions and autonomy and will be eliminated from the cities and towns, until its current minimal and residual existence, except in the case of the Alava councils, in the neighborhood councils of Cantabria by autonomous law and in some decisions of those of León, the province that preserves the most entities of this type in all of Spain, by customary tradition.

Current legislation

According to current legislation, the system is reserved for municipalities that traditionally and voluntarily have this unique government and administration regime. This regime also applies to municipalities whose geographical location, management of their municipal interests or other circumstances make it advisable; Although, in this case, the request of the majority of the neighbors, a favorable decision of 2/3 of the members of the City Council and approval by the autonomous community are required.

In the open council regime, the government and administration of the municipality corresponds to a Mayor and a Neighborhood Assembly of which all voters are part. Its operation is adjusted to the uses, customs and traditions of the place; Failing that, Law 7/1985, of April 2, Regulating the Bases of Local Regime, and the laws that, where appropriate, have been dictated by the autonomous communities, on local regime, apply.

In the event that there is no autonomous legislation on the matter, or in the event that it does exist it does not say anything about the operation of the Open Council, article 111 of the Regulations for the Organization, operation and Legal Regime of Local Entities, approved By Royal Decree 2568/1986, of November 28, establishes the following rules regarding the operation of Neighborhood Assemblies in the Open Council regime:

• Neighborhood assemblies will meet where they are customary, hold regular session at least once a quarter on a public holiday, and will be summoned to a touch of bell, by pregon, by advertisement, or by another means of traditional use in the place.

• For the valid constitution of such assemblies, it is necessary that at least one third of the neighbours have a right, present or represented. In no case may the number of present be less than three. The Secretary and the President, or those legally replacing them, shall be present in any case.

• Representations shall be credited by public document, private document with the signature legitimized before notary or power granted to the secretary of the municipality. No neighbour may represent more than 1/3 of the members of the Assembly.

• The agreements are adopted by a majority of votes.

By extension, this expression defines the meetings of a city council and its corporation open to the participation of any neighbor, not only as a mere spectator (for example "...neighbor Josefa García calls a open council to present his resignation from the councilor's record").