DEVELOPMENT OF THE LAW OF COMMERCE IN ARAGON



At its meeting of March 4, 2014, the Governing Council noted the draft law on trade of Aragon promoted by the Department of industry and innovation, text that will integrate the modifications that have been made over the years to adapt to the State regional and European regulations, and once approved will result in the repeal of the Act 9/1989, 5 October, management of commercial activities in Aragon.

After taking in knowledge, and understanding the importance of the future legal text as an engine of economic life, factor for development and structuring of the territory of the autonomous community element, the Government of Aragón (the Directorate-General for trade and handicraft and the General direction of citizen participation, external action and cooperation) promotes a participatory process that allows you to open a broad discussion with the opinion and input from agents and entities involved in the matteraimed at the development of the Trade Act of Aragon. This process of participation has invited over one hundred entities: business sector, federations and associations of traders, trade unions, University, consumers and users, neighborhood associations and other groups interested in the matter.

On May 14, 2014 was held in the Bayeu room of the Pignatelli building information session, in which the Director General of citizen participation, external action and cooperation, Isabel Cebrián Alós, and the Director-General of trade and crafts, Juan Carlos Trillo Baigorri presented the methodology and content of the participatory process linked to the development of the Trade Act of Aragonwhich was the starting point of the same.

Who participated

 

The Department of industry and innovation, through the General Directorate of trade and crafts, along with the General direction of participation Ciudadana, external action and cooperation of the Department of Presidency and justice, headed this process, to which were invited 115 entities:

• Federations and associations of merchants
• Local administrations
• University
• Business associations
• Trade unions
• Associations of consumers and users
• Neighborhood associations
• Other

 
Development of the work

 

INFORMATION

The participation process began on 14 may 2014, date in which was held the briefing that took place in the Sala Bayeu's the building Pignatelli, attended by representatives of 33 different entities. This session was divided into two parts. In the first, the General Director of citizen participation, external action and cooperation has focused his intervention on the detailed explanation of the methodology to be applied, as well as phases and timing that will develop the participatory process. In particular, he explained that four workshops in the three capitals of province, one in Huesca and Teruel and two in Zaragoza, whose sessions will be held throughout the month of may are planned. These workshops will discuss the articles of the law, and the contributions that they made will turn the corresponding proceedings, which will be the basis of the return meeting, in which the Government of Aragon returned to participants the decision taken on each one of them. This session's return will close the participatory process.

Moreover, the Director-General of trade and craftsmanship emphasized that the aim of the law is to regulate the administrative regime of commercial activity and the requirements for the exercise of Commerce in Aragon, in order to ensure the correct development of the activity, the same building seeking its diversity and protection to consumers and users. He continued explaining the administrative and consultative process followed so far for the elaboration of the draft law, which has been driven to respond to the need to adapt trade legislation to the new socio-economic reality and the State and European regulations. The central part of his speech addressed to explain aspects of the law posed an amendment regarding the currently in force, in such a way that the participatory process may go primarily to these areas.

DELIBERATION

On 21, 23 and 26 May took place workshops sessions in corresponding areas of the Government of Aragon in different cities commented. A representative from each institution attended sessions of four hours of duration (in total 16 hours of debate in the workshops), conducted by facilitators:

• Workshop 1 (May 21): Huesca. With the presence of 9 different entities.
• 2 workshop (May 23): Teruel. With the presence of 6 different entities.
• 3 workshop (May 26, morning): Zaragoza. With the presence of 16 different entities.
• Workshop 4 (May 26, afternoon): Zaragoza. Attended by 8 different entities.

Each of the sessions had the same structure: presentation by part serviceman of the General direction of citizen participation, external action and cooperation and the Directorate-General for trade and handicraft and the holding of the workshop itself, with a break in the middle of fifteen minutes. The workshop addressed, first of all articles of the draft that had changed from the previous legislation and, subsequently, the rest of the articles. In particular, items that had suffered some modifications were as follows:

• Article 2. Subjective scope
• Article 6. The registration of commercial activities
• Article 7. Communication to the registration duty
• Article 8. Wholesale business
• Article 15. Non-permanent business establishment
• Article 16. Permanent commercial establishments
• Article 18. Commercial license
• Article 29. Forms of piracy
• Article 30. E-commerce
• Article 31. Selling items out of season on permanent establishment (outlets)
• Article 32. Sales of second hand goods
• Article 37. Sales on sale
• Article 45. The Administration in trade activity
• Article 57. Sanctions

 

RETURN

June 20 was held in the Zurita room of the Pignatelli building return session of the public participation process of the Trade Act of Aragon, which was attended by representatives of twenty-five entities that participated in the discussion workshops held during the previous month.

In this session, which put an end to the process of citizen participation, he moved to attendees the result of the process and, in particular, the decisions taken by the Directorate-General for trade and crafts around the different proposals which were collected in the different workshops.

Isabel Cebrián Alós, Director General of citizen participation, external action and cooperation, moved to present a detailed review of the various phases of the work developed in the process, which generated 161 contributions:
• 36 inputs from the workshop of Huesca;
• 32 inputs from the workshop of Teruel;
• 42 inputs from the workshop of Zaragoza in morning session;
• 51 contributions of the workshop of Zaragoza in afternoon session.

Of them, one was referring to the exhibition grounds of preliminary draft of law of trade, 62 to the preliminary title (General provisions), 56 to title I (of the exercise of the activity of trade);  23 title II (the promotional activity of trade); 11 to title III (of the public action of promotion of the activity); 3-title IV (Inspector function and regime of offences and sanctions) and 5 were included in the section "Others" referring to improvements to the articles, proposed new articles, etc.

The Director-General of trade and handicrafts (Juan Carlos Trillo Baigorri), both the head of service of management and commercial promotion (Olga Erruz), emphasized 161 total contributions, not entered be considered 50, since they were not jurisdiction of the Government of Aragon or the Directorate-General of trade and crafts. Of the rest, i.e. of the 111 net contributions, 57 were accepted (52%, of which 32 partially and 25 completely) and 49 rejected (44%); on other 5 explanatory comments were made.

The final text which was presented at the session of return included some of the allegations included in the text of the draft by the Directorate-General of trade and crafts, derived from the consultation processes departments, audience and public information. In any case, it is noted that in many cases the claims proposed through the various processes, match the workshops of citizen participation.

Also, given the significance of contributions, DG Trade and handicraft has opted to change the numbering of the articles, in order to improve their understanding.

Return session presented the balance of the assessment carried out on the process by participants. The result of the evaluation can be considered very satisfactory, emphasizing a commitment to continue this line of workshops before amendments to drafts or bills, as well as schedules and employed dynamics as positive aspects.

 

WITH RULES OF INTEREST

Here you can access the State and regional legislation of interest to the participatory process and linked to the draft law (click here)

Video information session presentation

 

 

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