The Miranda Island Territory was born as a form of organization within the federal agencies that make up the Las Aves Archipelago, Los Roques Archipelago and La Orchila Archipelago, by means of a Decree with the rank and force of the Law of Creation of the Miranda Insular Territory in 2011 (DLTIM), based on the Decree with rank and value and force of Organic Law for Federal Dependencies (2011) and the popularly called Enabling Law of the President of the Republic (2010).
Its objective is the creation of the Francisco de Miranda Insular Territory, as well as the establishment of its organization, government, administration, powers and resources.
The Francisco de Miranda Insular Territory has legal personality and its own patrimony; it will enjoy the privileges and prerogatives agreed for the Republic.
As it is considered a special government regime, in accordance with the Decree with the rank and force of Organic Law for Federal Dependencies (DLODF, 2011), the executive function is exercised by a Head of Government in representation of the National Executive, freely appointed. and removal of the President of the Republic, who will be in charge of the organization and administration of said territory.
In case of temporary absences, they will be replaced by an official designated for this purpose with the consent of the President of the Republic. You will not be able to separate from the position without its prior authorization.
Within the powers of the Head of Government are listed the following: Ensure compliance with the Constitution of the Bolivarian Republic of Venezuela, laws, decrees and other regulatory instruments, as well as the instructions issued by the National Executive. Coordinate with the national bodies and entities the implementation of the respective competences in the Territory. Grant concessions for the provision of services, in accordance with the Management Plan and Regulations for the Use of the Los Roques Archipelago National Park and other instruments on the matter. Ensure the satisfaction of the needs of the inhabitants, being able to manage what is conducive before public and private organizations. Coordinate security and defense plans with the National Armed Forces.Assist with citizen security bodies the implementation of policies for the care of people and property. Contribute to environmental protection. Promote and boost popular power. Set and collect the value for the services provided in the Insular Territory. Represent the state-owned companies assigned to it and exercise stock control.
Like any public entity, it requires patrimony for its operation, which has been foreseen by the Decree with the rank, value and force of the Law of Creation of the Miranda Island Territory (DLTIM, 2011).
In effect, said legal instrument has provided that it must be comprised of the set of movable and immovable property, income, rights, actions and obligations that comprise them, as well as the property, income and income whose administration corresponds to them.
Within the list of assets, the DLTIM establishes that they are those assigned, transferred or donated - of a public or private nature - with the exception of those provided for national security and defense.
Regarding the income foreseen for the Miranda Island Territory, the following are counted: Those assigned to it by means of the Budget Law, Interterritorial Compensation Fund, Constitutional Site, those from fines and sanctions with the exception of those of an environmental nature, the participation that is assigned by national taxes, those of the product of its patrimony that it administers or by services rendered, among others.
Since no public organization can exist without the control function, the DLTIM has ordered that it be exercised by the General Comptroller of the Republic, that is, it is subject to the rules of the Organic Law of the General Comptroller of the Republic and System National Fiscal Control (2010), which also implies the rules of prior control, budget, among others, provided for by the Organic Law of Financial Administration for the public sector (2012).
The Gran Roque Island located in the Los Roques Archipelago was established as the administrative headquarters.
It is important to emphasize that the Miranda Insular Territory is not removed from the rest of the legal system, despite its special condition, so it should not be understood that it is something isolated in the legal field, which is only governed by the creation standards provided by the DLTIM.
It could be asked whether a municipality would fit in it, due to the territorial political division and the primary unit, following the Constitution of the Bolivarian Republic of Venezuela (1999).
In this regard, the Organic Law of Municipal Public Power (2010) indicates the provisions to create a local entity, both those of general and exceptional application, especially those referring to personal substratum, this is a population settled in a stable and permanent way, for what which requires a populated center, and this is where the second of the elements, the territorial one, comes in, since that permanently settled population must do it somewhere to differentiate them from others or integrate them when the study is carried out at the national level, since the sums from various settlements originate new forms of regulation. The third element has to do with governance or sustainability; This touches aspects such as economic viability, authorities, among others.
