FREE TRANSLATION
CONSTITUTION OF THE BOLIVARIAN
REPUBLIC OF VENEZUELA
NATIONAL CONSTITUENT ASSEMBLY
PREAMBLE
The people
of Venezuela, exercising their powers of creation and invoking the protection
of God, the historic example of our Liberator Simón Bolívar and the heroism and
sacrifice of our aboriginal ancestors and the forerunners and founders of a
free and sovereign nation; to the supreme end of reshaping the Republic to
establish a democratic, participatory and self-reliant, multiethnic and multicultural
society in a just, federal and decentralized State that embodies the values of
freedom, independence, peace, solidarity, the common good, the nation's
territorial integrity, comity and the rule of law for this and future
generations; guarantees the right to life, work, learning, education, social
justice and equality, without discrimination or subordination of any kind;
promotes peaceful cooperation among nations and furthers and strengthens Latin
American integration in accordance with the principle of nonintervention and
national self-determination of the people, the universal and indivisible
guarantee of human rights, the democratization of imitational society, nuclear
disarmament, ecological balance and environmental resources as the common and
inalienable heritage of humanity; exercising their innate power through their
representatives comprising the National Constituent Assembly, by their freely
cast vote and in a democratic Referendum, hereby ordain the following:
CONSTITUTION
FUNDAMENTAL PRINCIPLES
Article 1: The Bolivarian Republic of Venezuela is
irrevocably free and independent, basing its moral property and values of
freedom, equality, justice and international peace on the doctrine of Simón
Bolívar, the Liberator. Independence, liberty, sovereignty, immunity,
territorial integrity and national self-determination are unrenounceable rights
of the Nation.
Article 2: Venezuela constitutes itself as a
Democratic and Social State of Law and Justice, which holds as superior values
of its legal order and actions those of life, liberty, justice, equality,
solidarity, democracy, social responsibility and, in general, the preeminence
of human rights, ethics and political pluralism.
Article 3: The essential purposes of the State are
the protection and development of the individual and respect for the dignity of
the individual, the democratic exercise of the will of the people, the building
of a just and peace-loving society, the furtherance of the prosperity and
welfare of the people and the guaranteeing of the Fulfillment of the
principles, rights and duties established in this Constitution.
Education
and work are the fundamental processes for guaranteeing these purposes.
Article 4: The Bolivarian Republic of Venezuela is
a decentralized Federal State on the terms set forth in this Constitution,
governed by the principles of territorial integrity, cooperation, solidarity,
attendance and shared responsibility.
Article 5: Sovereignty resides untransferable in
the people, who exercise it directly in the manner provided for in this
Constitution and in the law, and indirectly, by suffrage, through the organs
exercising Public Power. The organs of the State emanate from and are subject
to the sovereignty of the people.
Article 6: The government of the Bolivarian
Republic of Venezuela and of the political organs comprising the same, is and
shall always be democratic, participatory, elective, decentralized,
alternative, responsible and pluralist, with revocable mandates.
Article 7: The Constitution is the supreme law and
foundation of the legal order. All
persons and organs exercising Public Power are subject to this Constitution.
Article 8: The national flag with its yellow, blue
and red stripes, the National Anthem “Gloria al bravo pueblo” (Glory to the Brave People), and the coat
of arms of the Republic are the symbols of the native land.
Law shall
regulate their characteristics, meaning and use.
Article 9: Spanish is the official language. The
use of native languages also has official status for native peoples, and must
be respected throughout the territory of the Republic, as constituting part of
the cultural heritage of the Nation and humanity.
TITLE II
GEOGRAPHICAL SPACES AND POLITICAL DIVISION
Territory and Other Geographical Spaces
Article 10: The territory and other geographical
spaces of the Republic are those which belonged to the Captaincy-General of
Venezuela before the political transformation begun on April 19, 1810, as
amended by virtue of the treaties and arbitration awards which have not been
vitiated with nullity.
Article 11: The full sovereignty of the Republic is
exercised on the continental, and insular spaces, lake and river spaces,
territorial sea, historic, vital and inland sea areas, and those lying within
such straight baselines as have been adopted or may come to be adopted by the
Republic; seabed and
under the seabed of the aforementioned; the continental, insular and
maritime air space and the resources located within the aforementioned spaces,
including genetic resources, migratory species, derived products and any
intangible components that may be present within the aforementioned spaces
because of natural causes.
The insular
space of the Republic includes the Archipelago of Los Monjes, Las Aves, Los
Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of
Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos
Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys
and banks located or coming in the future to emerge from the territorial sea,
that covering the continental sheaf or that lying within the limits of the
exclusive economic zone.
As to the
water spaces consisting of the contiguous maritime zone, the continental sheaf
and the exclusive economic zone, the Republic exercises exclusive rights of
sovereignty and jurisdiction on such terms, to such extent and subject to such
conditions as may be determined by public international law and national law.
The
Republic has rights in outer space and in those areas which are or may be the
Common Property of Humanity, on such terms, to such extent and subject to such
conditions as may be determined by public international agreements and by the
national legislation.
Article 12: Mineral and hydrocarbon deposits of any
nature that exist within the territory of the nation, beneath the territorial
sea bed, within the exclusive economic zone and on the continental sheaf, are
the property of the Republic, are of public domain, and therefore inalienable
and not transferable. The seacoasts are
public domain property.
Article 13: The territory shall never be assigned,
transferred, leased or in any manner whatsoever conveyed, even temporarily or
partially, to foreign States or other international law subjects.
The
geographical space of Venezuela is an area of peace. No foreign military bases or facilities having purposes that are
in any way military shall be established within such space by any power or
coalition of powers.
Foreign
States or other international law subjects shall be permitted to acquire real
property only for the quarters of their diplomatic or consular delegations,
within such area as may be determined and subject to guarantees of reciprocity,
with such limitations as may be established by law. In all such cases, national sovereignty shall remain intact.
There shall
be no conveyance of title to vacant land existing within the federal
dependencies and on islands in rivers and lakes, and the right to use the same
shall be granted only in a manner that does not involve, directly or
indirectly, the transfer of title to the land.
Article 14: The law shall establish a special legal
regime for those territories which, by the freely adopted decision of their
inhabitants and with the approval of the National Assembly, come to be
incorporated into the territory of the Republic.
Article 15: The State is responsible for
establishing an overall policy in land, insular and maritime border areas,
preserving the territorial integrity, sovereignty, security, defense, national
identity, diversity and environment in accordance with cultural, economic and
social development and integration.
Taking into account the inherent nature of each border region through
special financial allocations, an Organic Law on Borders shall determine the
obligations and objectives comprising this responsibility.
Chapter 11
Political Division
Article 16: For purposes of the political
organization of the Republic, the territory of the nation is divided into those
of the States, the Capital District, federal dependencies and federal
territories. The territory is organized
into Municipalities.
The
political division of the territory shall be regulated by an organic law which
shall guarantee municipal autonomy and administrative/political
decentralization. Such law may provide
for the creation of federal territorial in certain areas within the States, the
taking effect of which shall be subject to the holding of a referendum to
approve the same in the organ concerned.
By special law, a federal territory may be given the status of a State;
being allocated part or all of the territorial area concerned.
Article 17: Federal dependencies are the maritime
islands which are not incorporated into the territory of a State, as well as
any island that may form or appear in the territorial sea or that covering the
continental sheaf. Their regime and
administration shall be provided by law.
Article 18: The city of Caracas is the capital of
the Republic and the seat of the organs of National Power.
The
provisions of this article shall not prevent the exercise of National Power
elsewhere in the Republic.
A special
law shall establish the territorial and political unit of the city of Caracas,
incorporating into a two-tier system of municipal government the Municipalities
of the Capital District and those of the State of Miranda. Such law shall provide for the organization,
government, administration, competency as well as resources of the city, with a
view to its harmonious overall development.
In any case the law shall guarantee the democratic and participative
character of its government.
TITLE III
DUTIES, HUMAN RIGHTS AND GUARANTEES
Chapter 1
General Provisions
Article 19: The State shall guarantee to every
individual, in accordance with the progressive principle and without
discrimination of any kind, not renounceable, indivisible and interdependent
enjoyment and exercise of human rights.
Respect for and the guaranteeing of these rights is obligatory for the
organs of Public Power, in accordance with the Constitution, the human rights
treaties signed and ratified by the Republic and any laws developing the same.
Article 20: Everyone has the right to the free
development of his or her own personality, subject only to the limitations deriving
from the rights of others and public and social order.
Article 21: Al persons are equal before the law,
and, consequently:
1. No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on equal terms, of the rights and liberties of every individual.
2.
The law shall guarantee legal and administrative
conditions such as to make equality before the law real and effective manner;
shall adopt affirmative measures for the benefit of any group that is
discriminated against, marginalized or vulnerable; shall protect in particular those persons
who, because of any of the aforementioned circumstances, are in a manifestly
weak position; and shall punish those who abuse or mistreat such persons.
3.
People
will only be officially addressed as Citizens, except for diplomatic forms.
4.
No
titles of nobility or hereditary distinctions shall be recognized.
Article 22: The recitation of rights and
guarantees contained in this Constitution and in international instruments
concerning human rights are not to be understood as negating others inherent to
individuals, not expressly mentioned in such recitation. The absence of a law
regulating these rights shall not adversely affect the exercise thereof.
Article 23: The treaties, pacts and
conventions relating human rights which have been executed and ratified by
Venezuela have a constitutional rank, and prevail over internal legislation,
insofar as they contain provisions concerning the enjoyment and exercise of
such rights that are more favorable than those established by this Constitution
arid the laws of the Republic, and shall be immediately and directly applied by
the courts and other organs of the Public Power.
Article 24: No legislative provision shall
have retroactive effect, except where it imposes a lesser penalty. Procedural
laws shall apply from the moment they go into effect, even to proceedings
already in progress; however, in criminal proceedings, evidence already
admitted shall be weighed in accordance with the laws that were in effect when
the evidence was admitted, insofar as this benefits the defendant.
When there are doubts as to the rule of law
that is to be applied, the most beneficial to the defendant will prevail.
Article 25: Any act on the part of the Public
Power that violates or encroaches upon the rights guaranteed by this
Constitution and by law is null and void, and the public employees* ordering or
implementing the same shall incur criminal, civil and administrative liability,
as applicable in each case, with no defense on grounds of having followed the
orders of a superior.
Article 26: Everyone has the right to access
the organs comprising the justice system for the purpose of enforcing his or
her rights and interests, including those of a collective or diffuse nature to
the effective protection of the aforementioned and to obtain the corresponding
prompt decision.
The State guarantees justice that is free of
charge, accessible, impartial, suitable, transparent, autonomous, independent,
responsible, equitable and expeditious, without undue delays, superfluous
formalities or useless reinstating.
Article 27: Everyone has the right to be
protected by the courts in the enjoyment and exercise of constitutional rights
and guarantees, including even those inherent individual rights
not expressly mentioned in this Constitution or in international instruments
concerning human rights.
Proceedings on a claim for constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall give constitutional claims priority over any other matters.
The action
for the protection of liberty or safety, may be exercised by any person and the
physical custody of the person of the detainee* shall be transferred
immediately to the court, without delay.
The
exercise of this right shall not be affected in any way by the declaration of a
state of exception or restriction of constitutional guarantees.
Article 28: Anyone has the right of access to the
information and data concerning him or her or his or her goods which are
contained in official or private records, with such exceptions as may be
established by law, as well as what use is being made of the same and the purpose
thereof, and to petition the court of competent competence for the updating,
correction or destruction of any records that are erroneous or unlawfully
'affect the petitioner's right. He or
she may, as well, access documents of any nature containing information of
interest to communities or group of persons.
The foregoing is without prejudice to the confidentiality of sources
from which information is received by journalist, or secrecy in other
professions as may be determined by law.
Article 29: The State is obliged to investigate and
legally punish offenses against human rights committed by its authorities.
Actions to
punish the offense of violating humanity rights, serious violations of human
rights and war crimes shall not be subject to statute of limitation. Human rights violations and the offense of
violating humanity rights shall be investigated and adjudicated by the courts
of ordinary competence. These offenses
are excluded from any benefit that might render the offenders immune from
punishment, including pardons and amnesty.
Article 30: The State has the obligation to make
full reparations to the victims of human rights violations for which it may be
held responsible, and to the legal successors to such victims, including
payment of damages.
The State
shall adopt the necessary legislative measures and measures of other nature to
implement the reparations and damage compensation provided for under this
article.
The State shall protect the victims of ordinary crimes and endeavor to make the guilty parties provide reparations for the inflicted damages.
Article 31: Everyone has the right, on the terms
established by the human rights treaties, pacts and conventions ratified by the
Republic, to address petitions and complaints to the intentional organs created
for such purpose, in order to ask for protection of his or her human rights.
The State
shall adopt, in accordance with the procedures established under this
Constitution and by the law, such measures as may be necessary to enforce the
decisions emanating from international organs as provided for under this
article.
Chapter II
Nationality and Citizenship
Section One: Nationality
Article 32: Are Venezuelans* by birth:
(1)
Any person who was born within the territory of the
Republic.
(2)
Any person who was born in a foreign territory, and is
the child of a father and mother who are both Venezuelans by birth.
(3)
Any person who was born in a foreign territory, and is
the child of a father or a mother, who is Venezuelan by birth, provided they
have established residence within the territory of the Republic or declared
their intention to obtain the Venezuelan nationality.
(4)
Any person who was born in a foreign territory, and is
the child of a father or a mother who is Venezuelan by naturalization, provided
that prior to reaching the age of 18, they establish their residence within the
territory of the Republic, and before reaching the age of 25 declare their
intention to obtain the Venezuelan nationality.
Article 33: Are considered Venezuelans* by
naturalization:
(1)
Foreign nationals* who obtain a naturalization
letter. In order to do so, they must
have at least ten years of uninterrupted residence immediately preceding the
application date.
(2)
The period of residence shall be reduced to five years
in the case of foreign nationals whose original nationality is that of Spain,
Portugal, Italy, or a Latin American or Caribbean country.
(3)
Foreign nationals* who marry a Venezuelan*, upon
declaring their wish to adopt the Venezuelan nationality, which may be done at
least five years after the date of marriage.
(4)
Minors of foreign nationality, on the date of the
naturalization of one of his/her parent who exercises parental authority,
provided that such minor declares his or her intention of adopting the
Venezuelan nationality before reaching the age of 21, and has resided in
Venezuela without interruption throughout the five-year period preceding such
declaration.
Article 34: The Venezuelan nationality is not lost
upon electing or acquiring another nationality.
Article 35: Venezuelans* by birth cannot be deprived
of their nationality. The Venezuelan nationality by naturalization can be
revoked only by a judgment handed down by a court in accordance with law.
Article 36: Venezuelan nationality may be
renounced. A person who renounces the
Venezuelan nationality by birth may regain such nationality if he or she
establishes a residence within the territory of the Republic for a period of at
least two years, and expresses the intention of regaining the Venezuelan
nationality. Naturalized Venezuelans*
who renounce the Venezuelan nationality may regain it by again meeting the
requirements prescribed under article 33 of this Constitution.
Article 37: The State shall promote the celebration
of international treaties related to nationality, especially with the bordering
countries and those indicated in item 2 of Article 33 of this Constitution.
Article 38: The substantive and procedural rules
relating to the acquisition, election, renunciation and recovery of the
Venezuelan nationality, as well as the revocation and withdrawal of
naturalization, shall be determined by law, in compliance with the foregoing
provisions.
Article 39: Venezuelans* who are not subject to
political disablement or civil interdiction, and meet the age requirements
provided for in this Constitution, can exercise citizenship and therefore are
entitled to political rights and duties in accordance to this Constitution.
Article 40: Political rights are reserved to those
who are Venezuelans*, with the exceptions established in this Constitution.
Naturalized Venezuelans who have entered the country prior to reaching the age of seven years and have resided permanently in Venezuela until reaching legal age shall enjoy the same rights as Venezuelans by birth.
Article 41: Only Venezuelans* by birth who have no
other nationality shall be permitted to hold the offices of President* of the
Republic, Executive Vice President, Chairman* and Vice-Chairman* of the
National Assembly, Justices* of the Supreme Tribunal of Justice, Chairman* of
the National Board of Elections, Attorney General of the Republic,
Comptroller General* of the Republic,
General Prosecutor* of the Republic, People Defender*, Ministers* with responsibilities
relating to national security, finance, energy and mining or education;
Governors* and Mayors* of border States and Municipalities and those
contemplated under the Organic Law on the National Armed Forces.
In order to
hold the position of member* of the National Assembly, Minister* or Governors*
and Mayors* of non-border States and Municipalities, naturalized Venezuelans
must be domiciled in Venezuela with at least fifteen years of permanent
residence, as well as meeting the capability requirements provided for by law.
Article 42: Anyone who loses or renounces to
nationality loses citizenship. The
exercise of citizenship or any political rights can be suspended only by final
judicial decision in the cases provided by law.
Article 43: The right to life is inviolable. No law shall provide for the death penalty
and no authority shall apply the same.
The State shall protect the life of persons who are deprived of liberty,
serving in the armed forces or civilian services, or otherwise subject to its
authority.
Article 44: Personal liberty is inviolable,
therefore:
(1)
No person shall be arrested or detained except by
virtue of a court order, unless such person is caught in fraganti. In the latter
case, such person must be brought before a judge within forty-eight hours of
his or her arrest. He or she shall
remain* free during trial, except for reasons determined by law and assessed by
the judge on a case-by-case basis.
(2)
The bail as required by law for the release of a
detainee shall not be subject to tax of any kind.
(3)
Any person under arrest has the right to communicate
immediately with members of his or her family, an attorney* or any other person
in whom he or she reposes trust, and such persons in turn have the right to be
informed where the detainee is being held, to be notified immediately of the
reasons for the arrest and to have a written record inserted into the case file
concerning the physical or mental condition of the detainee, either by himself
or herself, or with the aid of specialists.
The competent authorities shall keep a public record of every arrest
made, including the identity of the person arrested, the place, time,
circumstances and the officers who made the arrest.
(4)
In the case of the arrest of foreign nationals, (male
or female), applicable provisions of international treaties concerning consular
notification shall also be observed.
(5)
The penalty shall not extend beyond the person of the
convicted individual. No one shall be
sentenced to perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed
30 years.
(6)
Any authority taking measures involving the
deprivation of liberty must identify himself or herself.
(7)
No person shall remain under arrest after a release
order has been issued by the competent authority or such person's sentence has
been served.
Article 45: The public authorities, whether
military, civilian or of any other kind, even during a state of emergency,
exception or restriction or guarantees, are prohibited from effecting,
permitting or tolerating the forced disappearance of persons. An officer* receiving an order or
instruction to carry it out, has the obligation not to obey, and to report the
order or instruction to the competent authorities. The intellectual and physical perpetrators* accomplices and
concealers* of the crimes of forced disappearance of a person, as well as any
attempt to commit such offense, shall be punished in accordance with law.
Article 46: Everyone is entitled to respect for his
or her physical, mental and moral integrity, therefore:
(1)
No person shall be subjected to penalties, tortures,
cruelty, inhuman or degrading treatment.
Every victim of torture or cruel, inhumane or degrading treatment
effected or tolerated by agents of the State has the right to rehabilitation.
(2)
Any person deprived of liberty shall be treated with
respect due to the inherent dignity of the human being.
(3)
No person shall be subjected without his or her freely
given consent to scientific experiments or medical or laboratory examinations,
except when such person's life is in danger, or in any other circumstances as
may be detained by law.
(4)
Any public official who, by reason of his official
position, inflicts mistreatment or physical or mental suffering on any person
or instigates or tolerates such treatment, shall be punished* in accordance
with law.
Article 47: A person´s home and any private premise
are inviolable. They may not be
forcibly entered except by court order, to prevent the commission of a crime or
carry out the decisions handed down by the courts in accordance with law,
respecting human dignity in all cases.
Any health
inspections carried out in accordance with law shall be performed only after
notice from the officials* ordering or carrying it out.
Article 48: The secrecy and inviolability of private
communications in all forms are guaranteed.
The same may not be interfered with except by order of a competent
court, with observance of applicable provisions of law and preserving the
secrecy of the private issues unrelated to the pertinent proceedings.
Article 49: All judicial and administrative actions
shall be subject to due process, therefore:
(1)
Legal assistance and defense are inviolable rights at
all stages and levels during the investigation and proceeding. Every person has the right to be notified of
the charges for which he or she is being investigated, to have access to the
evidence and to be afforded the necessary time and means to conduct his or her
defense. Any evidence obtained in
violation of due process shall be null and void. Any person declared guilty shall have the right to appeal, except
in the cases established by this Constitution and by the law.
(2)
Any person shall be presumed innocent until proven
otherwise.
(3)
Every person has the right to be heard in proceedings
of any kind, with all due guarantees and within such reasonable time limit as
may be legally detained, by a competent, independent and impartial court
established in advance. Anyone who does
not speak Spanish or is unable to communicate verbally is entitled to an
interpreter.
(4)
Every person has the right to be judged by his or her
natural judges of ordinary or special competence, with the guarantees
established in this Constitution and by law.
No person shall be put on trial without knowing the identity of the
party judging him or her, nor be adjudged by exceptional courts or commissions
created for such purpose.
(5)
No person shall be required to confess guilt or
testify against himself or herself or his or her spouse or partner, or any
other relative within the fourth degree of consanguinity or the second degree
of affinity.
(1)
A confession shall be valid only if given without
coercion of any kind.
(6)
No person shall be punished for acts or omissions not
defined under preexisting laws as a crime, offense or infraction.
(7)
No person shall be placed on trial based on the same
facts for which such person has been judged previously.
(8)
Every person shall request from the State the
restoration or remediation of a legal situation adversely affected by
unwarranted judicial errors, and unjustified delay or omissions. The foregoing is without prejudice to the
right of the individual* to seek to hold the magistrate* or judge* personally
liable, and that of the State to take action against the same.
Article 50: Everyone shall freely transit by any
means throughout the national territory, to change his or her domicile and
residence, to leave and return to the Republic, to move his or her goods or
belongings within the country and to bring his or her goods into or remove them
from the country, subject only to such limitations as may be prescribes by
law. In cases involving the granting of
a concession, the law shall provide for the circumstances in which an alternate
route must be provided. Venezuelans*
shall enter the country without need for authorization of any kind.
No act of
the Public Power may establish against Venezuelans* the penalty of banishment
from the national territory.
Article 51: Everyone has the right to petition or
make representations before any authority or public official* concerning
matters within their competence, and to obtain a timely and adequate
response. Whoever violates this right
shall be punished in accordance with law, including the possibility of
dismissal from office.
Article 52: Everyone has the right to assemble for
lawful purposes, in accordance with law.
The State is obligated to facilitate the exercise of this right.
Article 53: Everyone has the right to meet publicly
or privately, without obtaining permission in advance, for lawful purposes and
without weapons. Meetings in public places
may be regulated by law.
Article 54: No person shall be subjected to slavery
or servitude. Traffic of persons, in
particular women, children* and adolescents, in any form, shall be subject to
the penalties prescribes by law.
Article 55: Every person has the right to protection by the State, through the citizen safety organs regulated by law, from situations that affect or constitute a threat, vulnerability or risk to the physical integrity of individuals, their properties, the enjoyment of rights or the Fulfillment of duties.
Participation
by citizens* in programs for purposes of prevention, citizen safety and
emergency management shall be regulated by a special law.
The State's
security corps shall respect the human dignity and rights of all persons. The use of weapons or toxic substances by
police and security officers shall be limited by the principles of necessity,
convenience, opportunity and proportionality in accordance with law.
Article 56: Every person has the right to his own
name, to the summates of his father and mother, and to know the identity of the
latter. The State guarantees the right
to investigates maternity and paternity.
All persons have the right to be registered free of charge with the Civil Registry Office after birth, and to obtain public documents constituting evidence of their biological identity, in accordance with law. Such documents shall not contain any mention classifying the parental relationship.
Article 57: Everyone has the right to express freely
his or her thoughts, ideas or opinions orally, in writing or by any other form
of expression, and to use for such purpose any means of communication and
diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for
everything expressed. Anonymity, war
propaganda, discriminatory messages or those promoting religious intolerance
are not permitted.
Censorship
restricting the ability of public officials* to report on matters for which
they are responsible is prohibited.
Article 58: Communications are free and plural, and
involve the duties and responsibilities indicated by law. Everyone has the right to timely, truthful
and impartial information, without censorship, in accordance with the principles
of this Constitution, as well as the right to reply and corrections when they
are directly affected by inaccurate or offensive information. Children* and adolescents have the right to
receive adequate information for purposes of their overall development.
Article 59: The State guarantees the freedom of cult
and religion. All persons have the
right to profess their religious faith and cults, and express their beliefs in
private or in public, by teaching and other practices, provided such beliefs
are not contrary to moral, good customs and public order. The autonomy and independence of religious
confessions and churches is likewise guaranteed, subject only to such
limitations as may derive from this Constitution and the law. Father and Mother are entitled to have their
sons and daughters receive religious education in accordance with their
convictions.
No one shall invoke religious beliefs or discipline as a means of evading compliance with law or preventing another person* from exercising his or her rights.
Article 60: Every person is entitled to protection
of his or her honor, private life, intimacy, self-image, confidentiality and
reputation. The use of electronic
information shall be restricted by law in order to guarantee the personal and
family intimacy and honor of citizens* and the full exercise of their rights.
Article 61: All persons have the right to freedom of
conscience, and to express the same except those practices affecting
personality or constituting criminal offense.
Objections of conscience may not be invoked in order to evade compliance
with law or prevent others from complying with law or exercising their rights.
Chapter IV
Political Rights and Public Referenda
Section One: Political Rights
Article 62: All citizens* have the right to
participate freely in public affairs, either directly or through their elected*
representatives.
The participation of the people in forming, carrying out and controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete development, both individual and collective. It is the obligation of the State and the duty of society to facilitate the generation of optimum conditions for putting this into practice.
Article 63: Suffrage is a right. lt. shall be
exercised through free, universal, direct and secret elections. The law shall guarantee the principle of
personalization of suffrage and proportional representation.
Article 64: All Venezuelans* who have reached the
age of 18 and are not subject to political disablement or civil interdiction
are qualified to vote.
In state,
municipal and parish elections, the right to vote shall be extended to foreign
nationals* who have reached the age of 18 and have resided in Venezuela for
more than ten years, subject to the limitations established in this
Constitution and by law, and provided they are not subject to political
disablement or civil interdiction.
Article 65: Persons who have been convicted* of
crimes committed while holding office or other offenses against public property,
shall be ineligible to run for any office filled by popular vote, for such
period as may be prescribed by law after serving their sentences, depending on
the seriousness of the offense.
Article 66: Voters have the right to obtain from
their public representatives, transparent and periodic accounting for their
office, in accordance with the offered program.
Article 67: All citizens* have the right of
association for political purposes, through democratic methods of organization,
operation and direction. Their
governing organs and candidates* for offices filled by popular vote, shall be
selected* by internal elections with participation of their members. No financing of associations for political
purposes with State funds shall be permitted.
Matters
relating to the financing of and private contributions to associations for
political purposes shall be regulated by law, as shall the oversight mechanisms
to guarantee propriety as to the sources and handling of such funds. Law shall regulate as well, political and
election campaigns, the duration thereof and spending limits with a view
pursuing its democratization.
Citizens*,
on their own initiative, and associations for political purposes, shall be
entitled to participate in the electoral process, putting forward
candidates*. The financing of political
advertising and election campaigns shall be regulated by law. The authorities of associations for
political purposes shall not enter into contracts with organs in the public
sector.
Article 68: Citizens* have the right to demonstrate,
peacefully and without weapons, subject only to such requirements as may be
established by law.
The use of
firearms and toxic substances to control peaceful demonstrations is
prohibited. The activity of police and
security corps in maintaining public order shall be regulated by law.
Article 69: The Bolivarian Republic of Venezuela
recognizes and guarantees the right of asylum and refuge.
Extradition
of Venezuelans* is prohibited.
Article 70: Participation and involvement of people
in the exercise of their sovereignty in political affairs can be manifested by:
voting to fill public offices, referendum, consultation of public opinion,
mandate revocation, legislative, constitutional and constituent initiative,
open forums and meetings of citizens* whose decisions shall be binding among
others; and in social and economic affairs: citizen service organs,
selfmanagement, co-management, cooperatives in all forms, including those of a
financial nature, savings funds, community enterprises, and other forms of
association guided by the values of mutual cooperation and solidarity.
The law
shall establish conditions for the effective, functioning of the means of
participation provided for under the present article.
Article 71: Matters of special national
transcendence may be referred to a consultative referendum, on the initiative
of the President* of the Republic, taken at a meeting of the Cabinet; by
resolution of the National Assembly, passed by a majority vote; or at the
request of a number of voters constituting at least 10% of all voters*
registered on the national, civil and electoral registry.
Matters of special state, municipal and parish transcendence may also be referred to a consultative referendum. The initiative shall be taken by the Parish Board, the Municipal Council and to the Legislative Council, by the vote of two third of its members; by the Mayor* and the Governor* or by a number of voters constituting at least 10% of the total number of voters registered in the pertinent circumscription.
Article 72: All magistrates and other offices filled
by popular vote are subject to revocation.
Once half
of the term of office to which an official* has been elected has elapsed, a
number of voters constituting at least 20% of the voters registered in the
pertinent circumscription may extend a petition for the calling of a referendum
to revoke such official's mandate.
When a
number of voters* equal to or greater than the number of those who elected the
official* vote in favor of revocation, provided that a number of voters* equal
to or greater than 25% of the total number of registered voters* have voted in
the revocation election, the official’s mandate shall be deemed revoked, and
immediate action shall be taken to fill the permanent vacancy in accordance
with the provided for in this Constitution and by law.
The
revocation of the mandate for the collegiate bodies shall be performed in
accordance with the law.
During the
term to which the official* was elected, only one petition to recall may be
filed.
Article 73: Bills under discussion by the National
Assembly shall be submitted to a referendum when at least two-thirds of the
members* of the Assembly so decide. If the referendum ends in an affirmative
vote of approval, provided that the 25% of the voters* registered* before the
Civil and Electoral Registry have concurred to the election, the bill conceded
shall be enacted into law.
Any international agreement, convention or treaty which might compromise the national sovereignty or transfer authority to supranational organs, may be submitted to a referendum on the initiative of the President* of the Republic, taken at a meeting of the Cabinet by a two-thirds vote of the members* of the Assembly or by 15% of the voters* registered on the civil and electoral registry.
Article 74: Statutes whose abrogation are requested
on the initiative of a number of voters constituting at least 10% of the voters
registered in the civil and electoral registry, or by the President* of the
Republic taken at a meeting of the Cabinet, shall be submitted to a referendum
for its abrogation in whole or in part.
Decrees with the force of law issued by the President of the Republic, making use of the authority prescribed under article 236, section 8 of this Constitution, may also be submitted to an abrogatory referendum, when it is requested by a number of voters constituting at least 5% of the total number of voters registered in the civil and electoral registry. In order for the abrogatory referendum to be valid, a number of voters constituting at least 40% of the total number of voters registered in the civil and electoral registry shall be essential.
It shall not be possible to submit budget laws to an abrogatory referendum, neither those establishing or modifying taxes, relating to public credit, to amnesty, the protection, guaranteeing and developing human rights, nor those which ratify international treaties.
There shall
not be more than one abrogatory referendum on the same matter during the same
constitutional term.
Chapter V
Social and Family Rights
Article 75: The State shall protect families as a
natural association in society, and as the fundamental space for the overall
development of persons. Family
relationships are based on equality of rights and duties, solidarity, common
effort, mutual understanding and reciprocal respect among family members. The State guarantees protection to the
mother, father or other person acting as head of a household.
Children* and adolescents have the right to live, be raised and develop in the bosom of their original family. When this is impossible or contrary to their best interests, they shall have the right to a substitute family, in accordance with law. Adoption has effects similar to those of parenthood, and is established in all cases for the benefit of the adoptee*, in accordance with law. International adoption shall be subordinated to domestic adoption.
Article 76: Motherhood and fatherhood are fully
protected, whatever the marital status of the mother or father. Couples have the right to decide freely and
responsibly how many children* they wish to conceive, and are entitled to
access to the information and means necessary to guarantee the exercise of this
right. The State guarantees overall
assistance and protection for motherhood, in general, from the moment of
conception, throughout pregnancy, delivery and the puerperal period, and
guarantees full family planning services based on ethical and scientific
values.
The father
and mother have the shared and inescapable obligation of raising, training,
educating, maintaining and caring for their children*, and the latter have the
duty to provide care when the former are unable to do so by themselves. The necessary and proper measures to
guarantee the enforceability of the obligation to provide alimony shall be
established by law.
Article 77: Marriage, which is based on free consent
and absolute equality of rights and obligations of the spouses, is
protected. A stable de facto union
between a man and a woman which meets the requirements established by law shall
have the same effects as marriage.
Article 78: Children* and adolescents are full legal
persons and shall be protected by specialized courts, organs and legislation,
which shall respect, guarantee and develop the contents of this Constitution,
the law, the Convention on Children's Rights and any other international treaty
that may have been executed and ratified by the Republic in this field. The State, families and society shall
guarantee full protection as an absolute priority, taking into account their
best interest in actions and decisions concerning them. The State shall promote their progressive
incorporation into active citizenship, and shall create a national guidance
system for the overall protection of children* and adolescents.
Article 79: Young people have the right and duty to
be active participants in the development process. The State, with the joint participation of families and society,
shall create opportunities to stimulate their productive transition into adult
life, including in particular training for and access to their first
employment, in accordance with law.
Article 80: The State shall guarantee senior
citizens* the full exercise of their rights and guarantees. The State, with the solidary participation
of families and society, is obligated to respect their human dignity, autonomy
and to guarantee them full care and social security benefits to improve and
guarantee their quality of life. Pension
and retirement benefits granted through the social security system shall not be
less than the urban minimum salary. Senior citizens* shall be guaranteed to
have the right to a proper work, if they indicate a desire to work and are
capable to.
Article 81: Any person with disability or special
needs has the right to the full and autonomous exercise of his or her abilities
and to its integration into the family and community. The State, with the solidary participation of families and
society, guarantees them respect for their human dignity, equality of
opportunity and satisfactory working conditions, and shall promote their
training, education and access to employment appropriate to their condition, in
accordance with law. It is recognized
that deaf persons have the right to express themselves and communicate through
the Venezuelan sign language.
Article 82: Every person has the right to adequate,
safe and comfortable, hygienic housing, with appropriate essential basic
services, including a habitat such as to humanize family, neighborhood and
community relations. The progressive
meeting of this requirement is the shared responsibility of citizens* and the
State in all areas.
The State
shall give priority to families, and shall guarantee them, especially those
with meager resources, the possibility of access to social policies and credit
for the construction, purchase or enlargement of dwellings.
Article 83: Health is a fundamental social right and
the responsibility of the State, which shall guarantee it as part of the right
to life. The State shall promote and
develop policies oriented toward improving the quality of life, common welfare
and access to services. All persons
have the right to protection of health, as well as the duty to participate actively
in the furtherance and protection of the same, and to comply with such health
and hygiene measures as may be established by law, and in accordance with
international conventions and treaties signed and ratified by the Republic.
Article 84: In order to guarantee the right to
health, the State creates, exercises guidance over and administers a national
public health system that crosses sector boundaries, and is decentralized and
participatory in nature, integrated with the social security system and governed
by the principles of gratuity, universality, completeness, fairness, social
integration and solidarity. The public
health system gives priority to promoting health and preventing disease,
guaranteeing prompt treatment and quality rehabilitation. Public health assets and services are the
property of the State and shall not be privatized. The organized community has the right and duty to participate in
the making- of decisions concerning policy planning, implementation and control
at public health institutions.
Article 85: Financing of the public health system is
the responsibility of the State, which shall integrate the revenue resources,
mandatory Social Security contributions and any other sources of financing
provided for by law. The State guarantees
a health budget such as to make possible the attainment of health policy
objectives. In coordination with
universities and research centers, a national professional and technical
training policy and a national industry to produce health care supplies shall
be promoted and developed. The State
shall regulate both public and private health care institutions.
Article 86: All persons are entitled to Social
Security as a nonprofit public service to guarantee health and protection in
contingencies of maternity, fatherhood, illness, invalidity, catastrophic
illness, disability, special needs, occupational risks, loss of employment,
unemployment, old age, widowhood, loss of parents, housing, burdens deriving
from family life, and any other social welfare circumstances. The State has the obligation and
responsibility of ensuring the efficacy of this right, creating a universal and
complete Social Security system, with joint, unitary, efficient and
participatory financing from direct and indirect contributions. The lack of ability to contribute shall not
be ground for excluding persons from protection by the system. Social Security financial resources shall
not be used for other purposes. The
mandatory assessments paid by employees to cover medical and health care
services and other Social Security benefits shall be administered only for
social purposes, under the guidance of the State. Any net remaining balances of capital allocated to health,
education and Social Security shall be accumulated for distribution and
contribution to those services. The
Social Security system shall be ruled by a special organic law.
Article 87: All persons have the right and duty to
work. The State guarantees the adoption
of the necessary measures so that every person shall be able to obtain
productive work providing him or her with a dignified and decorous living and
guarantee him or her the full exercise of this right. It is an objective of the
State to promote employment. Measures
tending to guarantee the exercise of the labor rights of self-employed persons
shall be adopted by law. Freedom to
work shall be subject only to such restrictions as may be established by law.
Every
employer* shall guarantee employees* adequate safety, hygienic and
environmental conditions on the job.
The State shall adopt measures and create institutions such as to make
it possible to control and promote these conditions.
Article 88: The State guarantees the equality and
equitable treatment of men and women in the exercise of the right to work. The state recognizes work at home as an
economic activity that creates added value and produces social welfare and
wealth. Housewives are entitled to
Social Security in accordance with law.
Article 89: Work is a social fact and shall enjoy
the protection of the State. The law
shall make the necessary provisions for improving the material, moral and
intellectual conditions of workers*. In
order to fulfill this duty of the State, the following principles are
established:
(1)
No law shall establish provisions that affect the
intactness and progressive nature of labor rights and benefits. In labor relations, reality shall prevail
over forms or appearances.
(2)
Labor rights are not renounceable; any action,
agreement or convention involving a waiver of or encroachment upon these rights
is null and void. Concessions and
settlements are possible only at the end of the employment relationship, in
accordance with the requirements established by law.
(3)
When there are doubts concerning application or
conflicts among several rules, or in the interpretation of a particular rule,
that most favorable to the worker shall be applied. The rule applied must be applied in its entirety.
(4)
Any measure or act on the part of an employer in
violation of this Constitution is null and void, and of no effect.
(5)
All types of discrimination because of political
reasons, age, race, creed, sex or any other characteristic is prohibited.
(6)
Work by adolescents at tasks that may affect their
overall development is prohibited. The
State shall protect them against any economic and social exploitation.
Article 90: Working hours shall not exceed eight
hours per day or 44 hours per week.
Where permitted by law, night work shall not exceed seven hours per day
or 35 hours per week. No employer shall
have the right to require employees to work overtime. An effort shall be made to reduce working hours progressively in
the interest of society and in such sphere as may be determined, and
appropriate provisions shall be adopted to make better use of free time for the
benefit of the physical, spiritual and cultural development of workers*.
Workers are
entitled to weekly time off and paid vacations on the same terms as for days
actually worked.
Article 91: Every worker* has the right to a salary
sufficient to enable him or her to live with dignity and cover basic material,
social and intellectual needs for himself or herself and his or her
family. The payment of equal salary for
equal work is guaranteed, and the share of the profits of a business enterprise
to which workers are entitled shall be determined. Salary is not subject to gamishment, and shall be paid
periodically and promptly in legal tender, with the exception of the food
allowance, in accordance with law.
The State
guarantees workers* in both the public and the private sector a vital minimum
salary which shall be adjusted each year, taking as one of the references the
cost of a basic market basket. The form
and procedure to be followed, shall be established by law.
Article 92: All workers* have the right to benefits
to compensate them for length of service and protect them in the event of
dismissal. Salary and benefits are
labor obligations due and payable immediately upon accrual. Any delay in payment of the same shall bear
interest, which constitutes a debt certain and shall enjoy the same privileges
and guarantees as the principal debt.
Article 93: Stable employment shall be guaranteed by
law, with provisions as appropriate to restrict any form of unjustified
dismissal. Dismissals contrary to this
Constitution are null and void.
Article 94: The liability of the natural or
juridical person for whose benefit services are provided through an
intermediary or contractor shall be determined by law, without prejudice to the
job and severance liability of the latter.
The State shall establish, through the competent organ, the liability to
which employers* in general are subject in the event of simulation or fraud for
the purpose of distorting, disregarding or impeding the application of labor
legislation.
Article 95: Workers*, without distinction of any kind
and without need for authorization in advance, have the right freely to
establish such union organizations as they may deem appropriate for the optimum
protection of their rights and interests, as well as the right to join or not
to join the same, in accordance with law.
These organizations are not subject to administrative dissolution,
suspension or intervention. Workers are
protected against any act of discrimination or interference contrary to the
exercise of this right. The promoters*
and the members* of the board of directors of the union enjoy immunity from
dismissal from their employment for the period and on the terms required to
enable them to carry out their functions.
For
purposes of the exercise of union democracy, the bylaws and regulations of
union organizations, shall provide for the replacement of boards of directors*
and representatives by universal, direct and secret suffrage. Any union leaders* and representatives who
abuse the benefits deriving from union freedom for their personal gain or
benefit shall be punished in accordance with law. Boards of directors members* of union organizations shall be
required to file a sworn statement of assets.
Article 96: All employees* in both public and the
private sector have the right to voluntary collective bargaining and to enter
into collective bargaining agreements, subject only to such restrictions as may
be established by law. The State guarantees
this process, and shall establish appropriate provisions to encourage
collective relations and the resolution of labor conflicts. Collective bargaining agreements cover all
workers* who are active* as of the time they are signed, and those hired thereafter.
Article 97: All workers in the public and private
sector have the right to strike, subject to such conditions as may be
established by law.
Chapter VI
Article 98: Cultural creation is free. This freedom includes the right to invest
in, produce and disseminate the creative, scientific, technical and humanistic
work, as well as legal protection of the author's* rights in his works. The State recognizes and protects
intellectual property rights in scientific, literary and artistic works,
inventions, innovations, trade names, patents, trademarks and slogans, in
accordance with the conditions and exceptions established by law and the
international treaties executed and ratified by the Republic in this field.
Article 99: Cultural values are the unrenounceable
property of the Venezuelan people and a fundamental right to be encouraged and
guaranteed by the State, efforts being made to provide the necessary
conditions, legal instruments, means and funding. The autonomy of the public administration of culture is
recognized, on such terms as may be established by law. The State guarantees the protection and
preservation, enrichment, conservation and restoration of the cultural tangible
and intangible heritage and the historic memories of the nation. The assets constituting the cultural
heritage of the nation are inalienable, not subject to distrait or to statute
of limitations. Penalties and sanctions
for damage caused to these assets shall be provided for by law.
Article 100: The folk cultures comprising the national
identity of Venezuela enjoy special attention, with recognition of and respect
for intercultural relations under the principle of equality of cultures. Incentives and inducements shall be provided
for by law for persons, institutions and communities which promote, support,
develop or finance cultural plans, programs and activities within the country
and Venezuelan culture abroad. The
State guarantees cultural workers inclusion in the Social security system to
provide them with a dignified life, recognizing the idiosyncrasies of cultural
work, in accordance with law.
Article 101: The State guarantees the issuance,
receiving and circulation of cultural information. The communications media have the duty of assisting in the
dissemination of the values of folk traditions and the work of artists, writers
, composers*, motion-picture directors*, scientists* and other creators* of
culture of the country. The television
media shall include subtitles and translation into Venezuelan sign language for
persons with hearing problems. The
terms and modalities of these obligations, shall be established by law.
Article 102: Education is a human right and a
fundamental social duty; it is democratic, free of charge and obligatory. The State assumes responsibility for it as
an irrevocable function of the greatest interest, at all levels and in all
modes, as an instrument of scientific, humanistic and technical knowledge at
the service of society. Education, is a
public service, and is grounded on the respect for all currents of thought, to
the end of developing the creative potential of every human being and the full
exercise of his or her personality in a democratic society based on the work
ethic value and on active, conscious and joint participation in the processes
of social transformation embodied in the values which are part of the national
identity, and with a Latin American and universal vision. The State, with the participation of
families and society, promotes the process of civic education in accordance
with the principles contained in this Constitution and in the laws.
Article 103: Every person has the right to a full,
high-quality, ongoing education under conditions and circumstances of equality,
subject only to such limitations as derive from such persons own aptitudes,
vocation and aspirations. Education is
obligatory at all levels from maternal to the diversified secondary level. Education offered at State institutions is
free of charge up to the undergraduate university level. To this end, the State shall make a priority
investment in accordance with United Nations recommendations. The State shall create and sustain
institutions and services sufficiently equipped to ensure the admission
process, ongoing education and program completion in the education system. The law shall guarantee equal attention to
persons with special needs or disabilities, and to those who have been deprived
of liberty or do not meet the basic conditions for admission to and continuing
enrollment in the education system.
The
contributions of private individuals to public education programs at the
secondary and university levels shall be tax deductible in accordance with the
pertinent law.
Article 104: Persons of recognized good moral
character and proven academic qualifications shall be placed in charge of
education. The State shall encourage
them to remain continuously up to date, and shall guarantee stability in the
practice of the teaching profession, whether in public or private institutions,
in accordance with this Constitution and the law, with working conditions and a
standard of living commensurate with the importance of their mission. Admissions, promotion and continued
enrollment in the education system shall be provided for by law, and shall be
responsive to evaluation criteria based on merit, to the exclusion of any
partisan or other nonacademic interference.
Article 105: The professions requiring a degree and
the conditions that must be met to practice them, including, professional
organization membership, shall be determined by law.
Article 106: Every natural or juridical person,
subject, to demonstration of its ability and provided it meets at all times the
ethical, academic, scientific, financial, infrastructure and any other
requirements that may be established by law, shall be permitted to found and
maintain private educational institutions under the strict inspection and
vigilance of the State, with the prior approval of the latter.
Article 107: Environmental education is obligatory in
the various levels and modes of the education system, as well as in informal
civil education. Spanish, Venezuelan geography and history and the principles
of the Bolivarian thought shall be compulsory courses at public and private
institutions up to the diversified cycle level.
Article 108: The communications media, public and
private, shall contribute to civil education.
The State guarantees public radio and television services and library
and computer networks, with a view to permitting universal access to
information. Education centers are to
incorporate knowledge and application of new technologies and the resulting
innovations, in accordance with such requirements as may be established by law
to this end.
Article 109: The State shall recognize the autonomy
of universities as a principle and status that allows teachers*, students* and
graduates from its community, to devote themselves to the search for knowledge
through research in the fields of science, humanistic and technology, for the
spiritual and material benefit of the Nation.
Autonomous universities shall adopt their own rules for their governance
and operation and the efficient management of their property, under such
control and vigilance as may be established by law to this end. Autonomy of universities is established in
the planning, organization, preparation and updating of research, teaching and
extension programs. The inviolability
of the university campus is established.
Experimental national universities shall attain their autonomy in
accordance with law.
Article 110: The State recognizes as being in the
public interest science, technology, knowledge, innovation and the resulting
applications, and the necessary information services, the same being
fundamental instruments for the country's economic, social and political
development, as well as for national sovereignty and security. To promote and develop these activities, the
State shall allocate sufficient resources and shall create a national science
and technology system in accordance with law. The private sector shall contribute with resources as well. The State shall guarantee the enforcement of
the ethical and legal principles that are to govern research activities in
science, humanism and technology. The
manners and means of fulfilling this guarantee shall be determined by law.
Article 111: All persons have a right to sports and
recreation as activities beneficial to individual and collective quality of
life. The State assumes responsibility
for sports and recreation as an education and public health policy, and
guarantees the resources for the furtherance thereof. Physical education and sports play a fundamental role in the
overall education of childhood and adolescents. Instruction in the same is obligatory at all levels of public and
private education up to the diversified cycle, with such exceptions as may be
established by law. The State
guarantees full attention to athletes* without discrimination of any kind, as
well as support for high-level competitive sports and evaluation and regulation
of sports organizations in both the public and the private sector, in
accordance with law.
Incentives
and inducements shall be established. for the persons, institutions and
communities that promote athletes and develop or finance sports activities,
plans and programs in the country.
Chapter VII
Economic Rights
Article 112: All persons may devote themselves freely
to the economic activity of their choice, subject only to the limitations
provided for in this Constitution and those established by law for reasons of
human development, security, health, environmental protection or other reasons
in the social interest. The State shall
promote private initiative, guaranteeing the creation and fair distribution of
wealth, as well as the production of goods and services that meet the needs of
the populace, freedom of work, enterprise, commerce, industry, without
prejudice to the power of the State to promulgate measures to plan, rationalize
and regulate the economy and promote the overall development of the country.
Article 113: Monopolies shall not be permitted. Any act, activity, conduct or agreement of
private individuals* which is intended to establish a monopoly or which leads
by reason of its actual effects to the existence of a monopoly, regardless of
the intentions of the persons involved, and whatever the form it actually
takes, is hereby declared contrary to the fundamental principles of this
Constitution. Also contrary to such
principles is abuse of a position of dominance which a private individual, a
group of individuals or a business enterprise or group of enterprises acquires
or has acquired in a given market of goods or services, regardless of what
factors caused such position of dominance, as well as in the event of a
concentration of demand. In all of the
cases indicated, the State shall be required to adopt such measures as may be
necessary to prevent the harmful and restrictive effects of monopoly, abuse of
a position of dominance and a concentration of demand, with the purpose of protecting
consumers and producers* and ensuring the existence of genuine competitive
conditions in the economy.
In the case
of the exploitation of natural resources which are the property of the Nation
or the providing of services of a public nature, on an exclusive basis or
otherwise, the State shall grant concessions for a certain period, in all cases
ensuring the existence of adequate consideration or compensation to serve the
public interest.
Article 114: Economic crime, speculation, hoarding,
usury, the formation of cartels and other related offenses, shall be punished
severely in accordance with law.
Article 115: The right of property is
guaranteed. Every person has the right
to the use, enjoyment, usufruct and disposal of his or her goods. Property
shall be subject to such contributions, restrictions and obligations as may be
established by law in the service of the public or general interest. Only for reasons of public benefit or social
interest by final judgment, with timely payment of fair compensation, the
expropriation of any kind of property may be declared.
Article 116: Confiscation of property shall not be
ordered and carried out, but in the cases permitted by this Constitution. As an exceptional measure, the property of
natural or legal persons of Venezuelan or foreign nationality who are
responsible for crimes committed against public patrimony may be subject to
confiscation, as may be the property of those who illicitly enriched themselves
under cover of Public Power, and property deriving from business, financial or
any other activities connected with unlawful trafficking in psychotropic and
narcotic substances.
Article 117: All persons shall have the right of
access to goods and services of good quality, as well as to adequate and non-misleading
information concerning the contents and characteristics of the products and
services they consume, to freedom of choice and to fair and dignified
treatment. The mechanisms necessary to
guarantee these rights, the standards of quality and quantity for goods and
services, consumer protection procedures, compensation for damages caused and
appropriate penalties for the violation of these rights shall be established by
law.
Article 118: The right of workers and the community
to develop associations of social and participative nature such as
cooperatives, savings funds, mutual funds and other forms of association is
recognized. These associations may
develop any kind of economic activities in accordance with the law. The law shall recognize the specificity of
these organizations, especially those relating the cooperative, the associated
work and the generation of collective benefits.
The state
shall promote and protect these associations destined to improve the popular
economic alternative.
Chapter VIII
Article 119: The State recognizes the existence of
native peoples and communities, their social, political and economic
organization, their cultures, practices and customs, languages and religions,
as well as their habitat and original rights to the lands they ancestrally and
traditionally occupy, and which are necessary to develop and guarantee their
way of life. It shall be the responsibility of the National Executive, with the
participation of the native peoples, to demarcate and guarantee the right to
collective ownership of their lands, which shall be inalienable, not subject to
the law of limitations or distrait, and nontransferable, in accordance with
this Constitution and the law.
Article 120: Exploitation by the State of the natural
resources in native habitats shall be carried out without harming the cultural,
social and economic integrity of such habitats, and likewise subject to prior
information and consultation with the native communities concerned. Profits from such exploitation by the native
peoples are subject to the Constitution and the law.
Article 121: Native peoples have the right to
maintain and develop their ethnical and cultural entity, world view, values,
spirituality and holy places and places of cult. The State shall promote the appreciation and dissemination of the
cultural manifestations of the native peoples, who have the right to their own
education, and an education system of an intercultural and bilingual nature,
taking into account their special social and cultural characteristics, values
and traditions.
Article 122: Native peoples have the right to a full
health system that takes into consideration their practices and cultures. The State shall recognize their traditional
medicine and supplementary forms of therapy, subject to principles of
bioethics.
Article 123: Native peoples have the right to
maintain and promote their own economic practices based on reciprocity,
solidarity and exchange; their traditional productive activities and their participation
in the national economy, and to define their priorities. Native peoples have the right to
professional training services and to participate in the preparation,
implementation and management of specific training programs and technical and
financial assistance services to strengthen their economic activities within
the framework of sustainable local development. The State shall guarantee to workers belonging to native peoples
the enjoyment of the rights granted under labor legislation.
Article 124:
Collective intellectual property rights in the knowledge, technologies and
innovations of native peoples are guaranteed and protected. Any activity relating to genetic resources
and the knowledge associated with the same, shall pursue collective benefits. The registry of patents on this ancestral
knowledge and these resources is prohibited.
Article 125: Native peoples have the right to
participate in politics. The State
shall guarantee native representation in the National Assembly and the deliberating
organs of federal and local entities with a native population, in accordance
with law.
Article 126: Native peoples, as cultures with
ancestral roots, are part of the Nation, the State and the Venezuelan people,
which is one, sovereign and indivisible.
In accordance with this Constitution, they have the duty of safeguarding
the integrity and sovereignty of the nation.
The term
people in this Constitution shall in no way be interpreted with the implication
it is imputed in international law.
Chapter IX
Article 127: It is the right and duty of each
generation to protect and maintain the environment for its own benefit and that
of the world of the future. Everyone
has the right, individually and collectively, to enjoy a safe, healthful and
ecologically balanced life and environment.
The State shall protect the
environment, biological and genetic diversity, ecological processes, national
parks and natural monuments, and other areas of particular ecological
importance. The genome of a living
being shall not be patentable, and the field shall be regulated by the law
relating to the principles of bioethics.
It is a
fundamental duty of the State, with the active participation of society, to
ensure that the populace develops in a pollution-free environment in which air,
water, soil, coasts, climate, the ozone layer and living species receive
special protection, in accordance with law.
Article 128: The State shall develop a zoning policy
taking into account ecological, geographic, demographic, social, cultural,
economic and political realities, in accordance with the premises of
sustainable development, including information, consultation and male/female
participation by citizens. An organic
law shall develop the principles and criteria for this zoning.
Article 129: Any activities capable of generating
damage to ecosystems must be preceded by environmental and sociocultural impact
studies. The State shall prevent toxic
and hazardous waste from entering the country, as well as preventing the
manufacture and use of nuclear, chemical and biological weapons. A special law shall regulate the use,
handling, transportation and storage of toxic and hazardous substances.
In
contracts into which the Republic enters with natural or juridical persons of
Venezuelan or foreign nationality, or in any permits granted which involve
natural resources, the obligation to preserve the ecological balance, to permit
access to, and the transfer of technology on mutually agreed terms and to
restore the environment to its natural state if the latter is altered, shall be
deemed included even if not expressed, on such terms as may be established by
law.
Chapter X
Duties
Article 130: Venezuelans* have the duty to honor and
defend their native land symbols and cultural values and to guard and protect
the sovereignty, nationhood, territorial integrity, self-determination and
interests of the nation.
Article 131: Everyone has the duty to comply with and
obey this Constitution and the laws and other official acts promulgated by the
organs of Public Power.
Article 132: Everyone has a duty to fulfill his or
her social responsibilities and participate together in the political, civic
and community life of the country, promoting and protecting human rights as the
foundation of democratic coexistence and social peace.
Article 133: Everyone has the duty to contribute
toward public expenditures by paying such taxes, assessments and contributions
as may be established by law.
Article 134: Everyone, in accordance with law, has
the duty to perform such civilian or military service as may be necessary for
the defense, preservation and development of the country, or to deal with
situations involving a public calamity.
No one shall be subjected to forcible recruitment.
Everyone has the duty of rendering its services in the electoral functions assigned to them by law.
Article 135: The obligations incumbent upon the State
in accordance with this Constitution and the law, in Fulfillment of the States
commitments to the general welfare of society, do not preclude the obligations
which, by virtue of solidarity, social responsibility and humanitarian
assistance, are incumbent upon private individuals according to their
abilities. Appropriate provisions shall
be enacted by law to compel the Fulfillment of these obligations in those cases
in which such compulsion is necessary.
Those aspiring to practice any profession have a duty to perform
community service for such period, in such place and on such terms as may be
provided for by law.
PUBLIC POWER
Chapter 1
Fundamental Provisions
Section One: General Provisions
Article 136: Public Power is distributed among
Municipal Power, that of the States Power and National Power. National Public Power is divided into
Legislative, Executive, Judicial, Citizen and Electoral.
Each of the branches of Public Power has its own functions, but the organs charged with exercising the same shall cooperate with one another in attaining the ends of the State.
Article 137: The Constitution and the law shall
define the authorities of the organs, which exercise Public Power, and the
activities carried on by such organs shall be subject to the same.
Article 138: An usurped authority is of no effect,
and its acts are null and void.
Article 139: The exercise of Public Power gives rise
to individual liability for abuse or misapplication of power, or for violation
of this Constitution or the law.
Article 140: The State shall be financially liable
for any damages suffered by private individuals to any of their property or
rights, provided the harm is imputable to the functioning of Public
Administration.
Article 141: Public Administration is at the service
of the citizen* and is based on the principles of honesty, participation,
expeditiousness, efficacy, efficiency, transparency, accountability and
responsibility in the performance of public functions, being fully subject to
the law and to the right.
Article 142: Autonomous institutions can be created
only by law. Such institutions, as well
as public interests in foundations or organs of any nature, shall be subject to
State Control in such form as may be established by law.
Article 143: Citizens* have the right to be informed
by Public Administration, in a timely and truthful manner, of the status of
proceedings in which they have a direct interest, and to be apprised of any
final decisions adopted in the matter.
Likewise, they have access to administrative files and records, without
prejudice to the limits acceptable in a democratic society in matters relating
to internal and external security, criminal, investigation and the intimacy of
private life, in accordance with law regulating the matter of classification of
documents with contents which are confidential or secret. No censorship of public officials* reporting
on matters for which they are responsible shall be permitted.
Article 144: Statutes governing public functions
shall be enacted by law, with rules concerning entering, promotion, transfers,
suspension and removal of employees* of Public Administration, and will provide
for their incorporation into Social Security.
The duties
and requirements that are to be met by public employees* in the exercise of
their official functions shall be determined by law.
Article 145: Public officials or employees serve the
state, and not any partisan interest. Their appointment and removal shall not
be determined based on political affiliation or orientation. A person who is in
the service of the Municipalities, the States, the Republic, or any other State
public or private juridical persons, shall not be permitted to enter into a
contract of any kind with them, either directly or through any interposed
person, or as representative of another, with such exceptions as may be
established by law.
Article 146: Positions in the organs of Public
Administration are to be filled by career personnel. Exceptions are those elected by popular vote, those whose holders
may be appointed and removed freely, those contracted* for, laborers* in the
service of Public Administration and any others determined by law.
Engagement
of public officials* to fill career positions shall be by public competition,
based on principles of honesty, capability and efficiency. Promotion shall be governed by scientific
methods based on the merit system, and transfer, suspension and removal shall
depend on performance.
Article 147: In order for paid public positions to be filled, it is necessary that the pertinent compensation be provided for in the pertinent budget.
Public
Administration salary scales shall be established by regulation, in accordance
with law.
The
pertinent organic law may establish reasonable limits on the compensation
earned by national, state and municipal public officials*.
The
national law shall establish the pension or retirement system for national,
state and municipal public officials*.
Article 148: No one shall be permitted to hold more
than one paid public position, except in the case of academic, temporary,
caregiving or teaching positions, as determined by law. Acceptance of a second position not included
among the exceptions stated in this article shall imply resignation from the
first, except in the case of substitutes, as long as they do not permanently
replace the regular holder of the position concerned.
No one shall be permitted to enjoy more than one set of pension or retirement benefits, except in the cases expressly determined by law.
Article 149: Public officials* shall not be permitted
to accept employment, honors or rewards from foreign governments without
authorization from the National Assembly.
Article 150: Entering into contracts in the national
public interest shall require the approval of the National Assembly in those
cases in which such requirement is determined by law.
No contract
in the municipal, state or national public interest s determined shall be
entered into with foreign States or official entities, or with companies not
domiciled in Venezuela, or transferred to any of the same, without the approval
of the National Assembly.
In
contracts in the public interest, the law may demand certain conditions as to
nationality, domicile or other matters, or require special guarantees.
Article 151: In the public interest contracts, unless
inapplicable by reason of the nature of such contracts, a clause shall be
deemed included even if not expressed, whereby any doubts and controversies
which may raise concerning such contracts and which cannot be resolved amicably
by the contracting parties, shall be decided by the competent courts of the
Republic, in accordance with its laws and shall not on any grounds or for any
reason give rise to foreign claims.
Article 152: The international relations of the
Republic serve the ends of the State as a function of the exercise of
sovereignty and the interests of the people; they are governed by the
principles of independence, equality between States, free self-determination
and nonintervention in their internal affairs, the peaceful resolution of
international conflicts, cooperation, respect of human rights and solidarity
among peoples in the struggle for their liberation and the welfare of humanity. The Republic shall maintain the finest and
most resolute defense of these principles and democratic practices in all
international organs and institutions.
Article 153: The Republic shall promote, and encourage Latin American and Caribbean integration, in the interest of advancing toward the creation of a community of nations, defending the region's economic, social, cultural, political and environmental interests. The Republic shall have the power to sign international treaties that implement and coordinate efforts to promote the common development of our nations, and to ensure the welfare of their peoples and the collective security of their inhabitants. To these ends, the Republic may transfer to supranational organizations, through treaties, the exercise of the necessary authorities to carry out these integration processes. In its policies of integration and union with Latin America and the Caribbean, the Republic shall give privileged status to relations with Bier American countries, striving to make this a common policy throughout our Latin America. Provisions adopted within the framework of integration agreements shall be regarded as an integral part of the legal order in force, and shall be applicable directly and with priority over internal legislation.
Article 154: Treaties agreed to by the Republic must
be approved by the National Assembly prior to their ratification by the
President* of the Republic, with the exception of those which seek to perform
or perfect pre-existing obligations of the Republic, apply principles expressly
recognized by the Republic, perform ordinary acts in international relations or
exercise powers expressly vested by law in the National Executive.
Article 155: In the international agreements,
treaties and conventions entered into by the Republic, a clause shall be
inserted whereby the parties agree to resolve by peaceful means recognized
under international law or agreed upon in advance between them, where this is
the case, any controversies that may arise between them in connection with its
interpretation or implementation, if not inappropriate and if it is permitted
by the procedure to be followed in entering into the treaty, agreement or
convention.
Chapter 11
Competence of National Public Power
Article 156: Is of the competence of the National
Public Power:
(1)
The international policy and actions of the Republic.
(2) Defense and supreme vigilance of the general interests of the Republic, public peace keeping and the proper enforcement of the laws throughout the national territory.
(3)
The flag, coat of arms, national anthem, holidays,
decorations and honors of a national nature.
(4)
Naturalization, admission, extradition and expulsion
of foreign nationals*.
(5)
Identification services.
(6)
The national police.
(7)
National security, defense and development.
(8)
The organization and governance of the National Armed
Forces.
(9)
The governance of risk and emergency management.
(10)
The organization and governance of the Capital
District and the federal dependencies.
(11)
Regulation
of central banking, the monetary system, foreign currency, the financial and
capital market system and the issuance and mintage of currency.
(12)
The creation, organization, collection, administration
and control of taxes on income, inheritances, donations and other related
areas, capital, production, value added, hydrocarbons and mines; duties on the
importing and exporting of products and services; taxes on the consumption of
liquor, alcohol and other products containing alcohol, cigarettes and other
tobacco products; and any other taxes, assessments and revenues not expressly
assigned by this Constitution and the law to the States and Municipalities.
(13)
Legislation to guarantee the coordination and harmony
of the various different taxing powers and define principles, parameters and
limitations, especially for purposes of determining the tax rates and aliquot
parts for state and municipal taxes, and to create specific funds that ensure
interterritorial solidarity.
(14)
The creation and organization of land taxes or taxes
on rural properties and on real estate transactions, the collection and
oversight of which is the responsibility of the Municipalities, in accordance
with this Constitution.
(15)
The governance of foreign trade and the organization
and governance of customs.
(16)
The governance and management of mines and
hydrocarbons, the governance of vacant lands and the conservation, development
and exploitation of forests, soil, water and other elements of the country's
natural wealth.
The National Executive shall not grant mining concessions for an indefinite period. The law shall establish an economic system of special financial assignments for the benefit of States within whose territory the assets mentioned in this section are located, without prejudice to the possibility of also establishing special appropriations for the benefit of other States.
(17)
The system of legal weights and measures and quality
control.
(18)
National censuses and statistics.
(19)
The establishing, coordination and unification of
technical standards and procedures for engineering, architectural and city
planning projects, and city planning/zoning legislation.
(20)
Public works in the national interest.
(21)
The macroeconomic, financial and fiscal policies of
the Republic.
(22)
The governance and organization of the Social Security
System.
(23)
National policy and legislation in the fields of
health, housing, food safety, the environment, waters, tourism, zoning and
shipping.
(24)
National education and health policies and services.
(25)
National policies for agricultural, livestock,
fisheries and forest production.
(26)
The national transportation and shipping system and
air, overland, ocean, river and lake transportation of a national nature;
ports, airports and their infrastructure.
(27)
The national highway and railway systems.
(28)
Governance of postal and telecommunications services, as
well as governance and management of the electromagnetic spectrum.
(29)
General governance of residential public utility
services, including in particular electricity, drinking water and gas.
(30)
Management of border policy with an overall vision of
the country, such as to permit a Venezuelan presence and the maintenance of
territory and sovereignty in these areas.
(31)
The organization and administration of justice at the
national level, as well as the Office of General Prosecutor and the People
Defender.
(32)
Legislation in the fields of constitutional
guarantees, rights and duties; civil, mercantile, criminal, penological,
procedural and private international law; election law; expropriation in the
public interest or in the interest of society; public credit; intellectual,
artistic and industrial property; cultural and archaeological heritage;
agriculture; immigration and population; native people and the territories they
occupy; labor, Welfare and Social Security; animal and vegetable hygiene;
Notarial and public record offices; banks and insurance; lotteries, racetracks
and betting in general; organization and functioning of the organs of National
Public Power and other organs and institutions at the national level; and all
matters of national competence in general.
(33)
Any other matters which the present Constitution may
assign to National Public Power, or which by their nature or type come under
its competence.
Article 157: The National Assembly, by a majority vote of its members, shall have the power to delegate to the States or Municipalities certain matters under national competence, in order to promote decentralization.
Article 158: Decentralization, as a national policy,
must add depth to democracy, bring power closer to the people and creating
optimum conditions both for the exercise of democracy and for the effective and
efficient Fulfillment of government commitments.
Article 159: The States are politically equal and
autonomous organs with full juridical personality, and are obligated to
maintain the independence, sovereignty and integrity of the nation and to
comply with and enforce the Constitution and the laws of the Republic.
Article 160: A Governor is in charge of the
government and administration of each State.
A Governor* must be a Venezuelan* over the age of 25 who is not a member
of the clergy. The Governor* shall be
elected for a term of four years by a majority vote. The Governor* can be re-elected to an additional term only
immediately and only once.
Article 161: Governors* shall give a yearly public
accounting to the State Comptroller for their office, and shall submit a report
on the same to the Legislative Council and the Public Policy Planning and
Coordination Council.
Article 162: Legislative Authority shall be exercised in each State by a Legislative Council-consisting of no more than fifteen and at least seven members, who shall proportionally represent the population of the State and the Municipalities. The Legislative Council shall have the following powers:
(1) To legislate matters within state
competence.
(2) Pass the state's Budget Law.
(3) Any others vested in it by this
Constitution or by the law.
The
requirements for being a member of the Legislative Council, the obligation to
give a yearly accounting and immunity within the territorial jurisdiction,
shall be governed by the rules established by this Constitution for deputies*
of the National Assembly, insofar as applicable. State legislators* shall be elected for a four-year term, being
eligible for reelection for only two terms.
The organization and functioning of the Legislative Council shall be
regulated by the national law.
Article 163: Each State shall have a Comptroller's
Office which shall enjoy structural and operating autonomy. The State Comptroller's Office shall
exercise, in accordance with this Constitution and in accordance with law,
control, vigilance and auditing authority over state revenues, expenses and
assets, without prejudice to the scope of the functions of the Office of the General
Comptroller of the Republic. This body
shall act under the direction and responsibility of a Comptroller*, whose
qualifications to serve in this position shall be determined by law,
guaranteeing his capability and independence, as well as the neutrality of his
appointment, which shall be by public competition.
Article 164: Is of the States exclusive competence:
(1)
Promulgating their Constitution to organize public
authority, in accordance with the provisions of this Constitution.
(2)
Organization of their Municipalities and other local
organs and the territorial and political divisions between them, in accordance
with this Constitution and in accordance with law.
(3)
Management of their assets and investment and
management of their resources, including those deriving from transfers,
subsidies or special assuagements from National Power, and those assigned to
them as a share of national tax revenues.
(4)
Organization, collection, control and administration
of their own taxes, in accordance with provisions of national and state law.
(5)
The governance and exploitation of non-metallic
minerals that are not reserved to National Power, as well as salt deposits and
oyster beds, and the management of vacant lands within their jurisdiction, in
accordance with law.
(6)
Organization of the police and determination of the
branches of this service to be assigned to municipal jurisdiction, in
accordance with applicable national legislation.
(7)
Creation, organization, collection, control and
management in the fields of sealed paper and tax documentary stamps.
(8)
Creation, governance and organization of state public
services.
(9)
Construction, preservation, management and
exploitation of overland travel routes within the states.
(10)
Conservation, management and exploitation of national
expressways and highways, as well as ports and airports in commercial use, in
coordination with the National Executive.
(11)
Any matters not placed, in accordance with this
Constitution, under national or municipal jurisdiction.
Article 165: Matters involving concurrent competence
shall be regulated by laws enacted by National Power and implementation laws
passed by the States. This legislation
shall be guided by the principles of interdependence, coordination,
cooperation, shared responsibility and subordination.
The States
shall decentralize and transfer to the Municipalities the state services and
powers which the Municipalities are capable of exercising, as well as
management of the associated resources, in the areas in which concurrent
jurisdiction exist as between these two levels of Public Power. The transfer mechanisms shall be regulated
by the legal system of the State concerned.
Article 166: In each state, a Public Policy Planning
and Coordination Council shall be created, chaired by the Governor* and having
as members the Mayors*, the state directors* of the various ministries and
representative s of the legislators* elected by the State to the National
Assembly, as well as representatives from the Legislative Council, the
municipal councils* and organized communities, including native communities
where they exist. This Council shall
function and be organized as determined by law.
Article 167: Are revenues of the States:
(1)
Those deriving from their property and the management
of their assets.
(2)
Charges for the use of their goods and services, fines
and penalties, and any charges allocated to them.
(3)
Proceeds from the sale of State-owned commodities.
(4)
The resources to which they are entitled by virtue of
constitutional revenue share (situado
constitutional). The revenue share is
equivalent to up to 20% of total ordinary revenues as estimated annually by the
National Treasure, which is to be distributed among the States and the Capital
District as follows: 30% of the aforementioned percentage in equal shares, and
the remaining 70% in proportion to the population of each of such
entities. During each fiscal year, the
States must invest at least 50% of the amount to which they are entitled by way
of revenue share. During each fiscal
year, the Municipalities of each State shall be entitled to at least 20% of the
revenue share and of all other ordinary revenues of the State corresponding.
(1)
In the event of changes in the revenues of the
National Treasury that require an adjustment to the National Budget, the
constitutional revenue share shall be adjusted in the same proportion.
(2)
Principles, rules and procedures with a view to ensure
the proper and efficient use of the resources deriving from the constitutional
revenue share and the share of the Municipalities therein shall be established
by law.
(3)
Any other taxes, charges and special contributions
that may be allocated to them by national law for the purpose of helping to
develop the state treasuries. Laws
creating or transferring tax revenues to the States may offset these
allocations by means of changes in the other revenue categories indicated in
this article, in order to preserve interterritorial fairness. The percentage of estimated ordinary
national revenues allocated to the constitutional revenue share shall be no
less than 15% of estimated ordinary revenues, taking into account the financial
position and sustainability of the National Public Treasury, without neglecting
the ability of the state administrative authorities to provide adequately for
the services for which they are responsible.
(4)
Resources deriving from the Interterritorial
Compensation Fund and from any other transfer, subsidy or special
appropriation, as well as those allocated to them as a share of national tax
revenues, in accordance with the pertinent law.
Chapter IV
Municipal Public Power
Article 168: Municipalities constitute the primary
political unit in the organization of the nation, and enjoy artificial
personality and autonomy within the limits prescribed by the Constitution and
the law. Municipal autonomy includes:
(1)
Election of municipal authorities.
(2)
Management of affairs within the scope of its
competence.
(3)
Creation, collection and investment of its revenues.
The actions
of a Municipality within the scope of its competence shall be carried out by
incorporating citizen participation into the process of defining and managing
public affairs and monitoring and evaluating the results achieved, in an
effective, sufficient and timely manner, in accordance with law.
The actions
of Municipalities may be contested only before the courts of competent
jurisdiction, in accordance with the Constitution and the law.
Article 169: The organization of Municipalities and
other local entities shall be governed by this Constitution, by the rules
established by national organic laws to implement constitutional principles,
and by such provisions of law as may be enacted by the States in accordance
with the aforementioned.
Legislation
enacted to implement constitutional principles relating to Municipalities and
other local entities shall establish various structures for the organization,
governance and administration of the same, including as regards the
determination of their powers and resources, taking into account conditions
relating to population, economic development, ability to generate their own tax
revenues, geographical location, historical and cultural elements and other
relevant factors. In particular, such
legislation shall establish the options for organizing the system of local
administration and government that shall be adopted by Municipalities with
native populations. In all cases, the
municipal structure shall be democratic and consistent with the inherent nature
of local government.
Article 170: Municipalities shall be permitted to
associate in commonwealths, or to agree among themselves or with other
territorial political divisions on the creation of types of intergovernmental
associations for purposes in the public interest relating to matters within
their competence. The rules concerning
the grouping of two or more Municipalities into districts shall be determined
by law.
Article 171: When two or more Municipalities
belonging to the same federal organ have economic, social and physical
relations that give the group the characteristics of a metropolitan area, they
may organize themselves as metropolitan districts. The organic law enacted for the purpose shall guarantee the
democratic and participatory character of the metropolitan government and shall
establish its functional competence, as well as its tax, financial and control
regime. It shall also ensure that the
Municipalities have adequate participation in the entities of the metropolitan
government, and shall indicate the manner in which the public consultations that
are to decide upon affiliation of the Municipalities with the metropolitan
district.
Various
regimes may be established by law for the organization, governance and
administration of the metropolitan district, taking into account population
conditions, economic and social development, geographical location and other
factors of importance. In all cases,
the delegation of competence for each metropolitan district shall take into
account these conditions.
Article 172: The state Legislative Council, after a
favorable decision by public consultation of the affected population, shall
define the boundaries of the metropolitan district and shall organize the same
in accordance with the provisions of the national organic law, determining
which metropolitan powers are to be assumed by the governmental organs of the
pertinent metropolitan district.
When the Municipalities wishing to form a metropolitan district belong to different federal entities, the creation and organization of the same shall be the responsibility of the National Assembly.
Article 173: A Municipality shall have the power to
create parishes on such terms as may be determined by law. The legislation enacted to implement
constitutional principles relating to the organization of Municipalities shall
establish the premises and conditions for the creation of other local entities
within the territory of the Municipality, as well as the resources that shall
be available to them, depending on the functions assigned to them, including
their share in the Municipality's own revenues. Their creation shall take into account neighborhood or community
initiative, in order to provide for the decentralization of the administration
of the Municipality, citizen participation and the providing of better public
services. In no event shall parishes be
assumed to be the only possible divisions, or to be required divisions, of the
territory of a Municipality.
Article 174: The Mayor* shall be in charge of the
government and administration of a municipality, and shall also be the head of
civil government. A Mayor* must be
Venezuelan, over the age of 25 and not a member of the clergy. The Mayor* shall be elected for a term of
four years by majority vote, and may be re-elected immediately and once only,
to an additional term.
Article 175: The legislative function in a
Municipality is vested in the Council, made up of council members* elected in
the manner established in this Constitution, in such number and on such terms
of eligibility as may be determined by law.
Article 176: The Office of the Municipal Comptroller
shall be in charge of control, vigilance and auditing of municipal revenues,
expenses and property, as well as transactions relating to the same, without
prejudice to the scope of the attributions of the Office of the General
Comptroller, and the official in charge of the office shall be the Municipal
Comptroller*, designated by the Council through a public competition to
guarantee the capability and ability of the person designated* to hold this
office, on the terms established by law.
Article 177: Principles, residence requirements and
conditions, prohibitions, grounds for disqualification and conflicts of
interest for the candidacy and exercise of the functions of mayors and
councilmen members* may be established by national law.
Article 178: A Municipality has competence to govern
and administrate its interests, as well as over the management of those matters
which are assigned to it by this Constitution and national laws as regards
local life, in particular the ordering and promotion of economic and social
development, the equipping and providing of household public utility services,
the application of policy with respect to these matters on a basis of fairness,
justice and social interest content, according with delegation established on
law related to this matter, the promotion of participation and improvement, in
general, of living conditions in the community, in the following areas:
(1)
Territorial zoning and city planning matters; historic
heritage; housing in the interest of society; local tourism; parks and gardens;
plazas; bathing and other recreational areas; civil architecture, nomenclature
and public ornament.
(2)
Urban roadways; circulation and ordering of vehicular
and pedestrian traffic on municipal thoroughfares; urban public passenger *
transportation services.
(3)
Public spectacles and commercial advertising, to the
extent pertinent to specific municipal interests and purposes.
(4)
Protection of the environment and cooperation with
environmental sanitation efforts; urban and household sanitation, including
cleaning, waste collection and treatment and civil protection.
(5)
Healthiness and primary health care; services for the
protection of infants and children, adolescents and senior citizens; preschool
education; family services to integrate the disabled into the development of
the community; cultural and sports activities and facilities. Prevention and protective services;
surveillance and control of property and activities relating to matters within
municipal competency.
(6)
Drinking water services, electricity and gas for
household use, sewers. channeling and disposal of wastewater; cemeteries and
funeral services.
(7)
Small claims courts, neighborhood prevention and
protection and municipal police services, in accordance with applicable
national legislation.
(8)
Any others with which Municipalities may be charged
under the Constitution and by law. The
actions that Municipalities have the power to take within the scope of their
competence are without prejudice to national and state competence as defined by
law in accordance with the Constitution.
Article 179: Municipalities shall have the following
revenues:
(1)
Those deriving from their capital assets, including
the proceeds from their common lands and other property.
(2) Charges for the use of their goods or services; administrative charges for licenses or authorizations; taxes on economic activities in the areas of industry, business and services, or those of similar kind, with the limitations established in this Constitution; taxes on urban real property, vehicles, public shows, games and lawful wagering; advertising and commercial publicity; and, the special tax on increased property values generated by changes in use or intensity of exploitation from which they benefit because of zoning plans.
(3)
The rural territorial tax or tax on rural estates;
sharing in the tax on improvements and other national and state taxes, in
accordance with the laws creating such taxes.
(4)
Those deriving from the constitutional revenue share
and other national or state transfers or subsidies.
(5)
The proceeds from fines and penalties imposed within
the scope of their competence, or
delegated to them.
(6)
Such others as may be determined by law.
Article 180: The taxing power that is vested in
Municipalities is different from and independent of the regulatory powers over
certain fields or activities conferred by this Constitution or laws on National
or State Authority.
Immunities
from the taxing power of Municipalities in favor of other territorial political
entities extend only to public sector juridical persons created by such organs,
and not to concession holders or other parties entering into contracts with the
administrative arm of National or State government.
Article 181: Municipal common lands are inalienable
and not subject to the law of limitations.
Title to them can be conveyed only subject to compliance with the
formalities provided for under municipal ordinances and under the circumstances
provided for thereunder, in accordance with this Constitution and such laws as
may be promulgated to develop the principles container herein.
Ownerless land located within the urban area of towns in a municipality is municipal common land, without prejudice to legitimate and validly constituted rights of third parties. Vacant land located within the urban area also becomes common land. However, this does not include land which is part of native communities. The mechanism for converting other public land into common land shall be established by law.
Article 182: The Local Public Planning Council is
hereby created, presided over by the Mayor* and consisting of municipal Council
members, Chairpersons* of Parish Boards and representatives of neighborhood
organizations and other organized social groups, in accordance with such
provisions as may be established by law.
Article 183: States and Municipalities shall not have
the power to:
(1)
Create customs authorities or import, export or
transit duties on domestic or foreign goods, or on other revenue sources under
national competence.
(2)
Tax consumer goods before the same are marketed within
their territory.
(3)
Prohibit the consumption of goods produced outside
their territory, nor tax the same differently from those produced within their
territory.
States and
Municipalities have the power to tax agriculture, livestock, fishing and forest
activities only at the times, in the manner and to the extent permitted by
national laws.
Article 184: Open and flexible mechanisms shall be
created by law to cause the States and Municipalities to decentralize and
transfer to communities and organized neighborhood groups services the latter
manage and demonstrate the ability to provide, promoting:
(1)
The transfer of services in the areas of health,
education, housing, sports, culture, social programs, the environment,
maintenance of industrial areas, maintenance and upkeep of urban areas,
neighborhood prevention and protective services, construction of works projects
and providing of public services. To
this end, they shall have the power to enter into agreements, whose content
shall be guided by the principles of interdependence, coordination, cooperation
and shared responsibility.
(2)
Participation by communities and citizens*, through
neighborhood associations and nongovernmental organizations, in the formulation
of investment proposals for presentation before the state and municipal
authorities in charge of preparing the pertinent investment plans, as well as
participation in the execution, evaluation and control of works projects,
social programs and public services within their jurisdiction.
(3)
Participation in economic processes, stimulating
manifestations of the social economy, such as cooperatives, saving funds,
mutual funds and other forms of association.
(4)
Participation by workers* and communities in the
running of public sector business enterprises, through self-management and
joint management methods.
(5)
Creation of community service enterprises,
organizations and cooperatives as mechanisms to generate employment and social
Welfare, providing for their permanent existence through the design of policies
whereby these groups are given means of participating.
(6)
Creation of new decentralized organs at the parish,
community, ward and neighborhood levels, with a view to guaranteeing the
principle of shared responsibility in the public administration of local and
state governments, and developing process of self-management and joint
management in the administration and control of state and municipal public
services.
(7)
Participation by communities in activities to
establish closer ties with penal institutions and ties between the latter and
the general population.
Chapter V
The Federal Council on Government
Article 185: The Federal Council on Government is the
organ charged with planning and coordination of policies and actions to develop
the process of decentralization and transfer of powers from National Authority
to the States and Municipalities. It shall be presided over by the Executive
Vice-President* and shall consist of the Cabinet ministers, the Governors*, one
Mayor* from each State and representative s of organized society, in
accordance, with law.
The Federal Council on Government shall have a Secretariat made up of the Executive Vice-President*, two Ministers*, three Governors* and three Mayors*. The Federal Council on Government shall have a dependency known as the Interterritorial Compensation Fund, intended for the purpose of financing public investments with a view to promoting the balanced development of regions, cooperation and complement among the development policies and initiatives of the various public territorial entities, and in particular supporting the providing of works projects and services in regions and communities with relatively low levels of development. The Federal Council on Government, based on regional unbalances, shall discuss and approve annually the resources to be allocated to the Interterritorial Compensation Fund and the priority investment areas to which these resources are to be applied.
TITLE V
ORGANIZATION OF NATIONAL PUBLIC AUTHORITY
Chapter 1
Section One: General Provisions
Article
186: The National Assembly shall consist of Deputies* elected* in each of the
federal entities by universal, direct, personalized and secret ballot with
proportional representation, using a constituency base of 1. 1 % of the total
population of the country. Each federal organ shall also elect three additional
deputies*. The native peoples of the
Bolivarian Republic of Venezuela shall elect three deputies* in accordance with
the provisions established under election law, respecting the traditions and
customs thereof.
Each
deputy* shall have an alternate* elected* by the same process.
Article 187: It shall be the function of the National
Assembly:
(1)
To legislate in matters of national competence and as
to the functioning of the various branches of National Power.
(2)
To propose amendments to and revisions of the
Constitution, on the terms established in this Constitution.
(3) To exercise control functions over the government and the National Public Administrative, on the terms established in this Constitution and by law. Evidence obtained during the exercise of this function shall have probative value on such terms as may be established by law.
(4)
To organize and promote citizen participation in
matters within its competence.
(5)
To order amnesties.
(6)
To discuss and approve the national budget and any
bill relating to the taxation system and to public credit.
(7)
To authorize appropriations in addition to the budget.
(8)
To approve the general guidelines for the national
economic and social development plan to be submitted by the National Executive
during the third quarter of the first year of each constitutional term.
(9)
To authorize the National Executive to enter into
contracts in the national interest, in the cases established by law. To authorize contracts in the municipal,
state and national public interest, with foreign States, or official entities
or with companies not domiciled in Venezuela.
(10)
To vote resolutions of censure against the Executive
Vice-President* and Ministers*. A censure
motion shall be debated only two days after being submitted to the Assembly,
which shall have the power to decide by a three fifths vote that the censure
shall include the removal from office of the Executive Vice-President* or the
Minister* concerned.
(11)
To authorize the operation of Venezuelan military
missions abroad or foreign military missions within the country.
(12)
To authorize the National Executive to dispose of
nonpublic real property owned by the Nation, with such exceptions as may be
established by law.
(13)
To authorize public officials* to accept positions,
honors or rewards from foreign governments.
(14)
To authorize the appointment of the General Attorney
of the Republic* and the Heads of
Permanent Diplomatic Missions.
(15)
To confer the honors of the National Pantheon on
illustrious Venezuelans* who have rendered eminent services to the Republic,
after 25 years have elapsed since the death of such persons; this decision may
be made upon a recommendation from the President* of the Republic, two thirds
of the State Governors*, all of the rectors of the National Universities.
(16)
To tend that the interests and autonomy of the States
are upheld.
(17)
To authorize the departure of the President* of the
Republic from the territory of the Nation, when such absence is to last longer
than five consecutive days.
(18)
To approve by law any international treaties or
agreements entered into by the National Executive, with the exceptions set
forth in the present Constitution.
(19)
To enact its own internal regulations and apply such
sanctions as may be provided for thereunder.
(20)
To pass on the qualifications of its members and take
notice of their resignation. The
temporarily separation of a deputy* from his or her office, shall only be
decided by a two thirds vote of those present.
(21)
To organize its own internal security service.
(22)
To pass and implement its budget of expenditures,
taking into account the country's financial limitations.
(23)
To implement resolutions concerning its own
administrative organization and functioning.
(24)
Any others indicated in this Constitution or by law.
Article 188: To be elected to the office of deputy of
the National Assembly, a person must:
(1)
Be Venezuelan by birth, or by naturalization with 15
years of residence within the territory of Venezuela.
(2)
Be over the age of 21 years.
(3)
Have resided for four consecutive years in the organ
from which he or she is elected, prior to such election.
Article 189: The following shall not be eligible for
the office of deputy*:
(1)
The President* of the Republic, the Executive
Vice-President Ministers*, the Secretary* of the Office of the President of the
Republic and the Chairpersons* and Directors of Autonomous Institutes and State
owned enterprises, until three months after leaving such offices.
(2)
Governors* and government secretaries of the States or
the Capital District, until three months after permanently leaving such
offices.
(3)
Municipal state or national, Autonomous Institutes or
State-owned enterprises, officers* when the election is taking place in the
jurisdiction in which such officer serves, except in the case of a temporary
care-providing, teaching or academic position.
The
pertinent organic law may provide for the ineligibility of other officers*.
Article 190: Deputies* of the National Assembly shall
not be proprietors*, administrators* or directors* of business enterprises that
enter into contracts with public sector juridical persons, so that they shall
have no private beneficial interest in dealing with it. When matters involving
financial conflicts of interest come up for discussion, the affected members of
the National Assembly shall be required to abstain from the pertinent vote.
Article 191: Deputies* of the National Assembly shall
not be permitted to accept or hold public employment positions without giving
up their investiture, except in teaching, academic, temporary and care-giving
positions, and provided the employment is not intended to be full-time.
Article 192: Deputies* of the National Assembly shall
hold office for a term of five years, with eligibility for re-election to no
more than one additional term.
Section Two: Organization of the National Assembly
Article 193: The National Assembly shall appoint
ordinary and special Standing Committees.
The Standing Committees, which shall be no more than 15 in number, shall
relate to sectors of national activity.
The National Assembly shall also have the power to create Committees of
temporary nature for purposes of research and study, all of the foregoing in
accordance with the applicable Regulations.
The National Assembly shall have the power to create or abolish Standing
Committees by the favorable vote of two thirds of the members of the Assembly.
Article 194: The National Assembly shall elect among
its members one President* and two VicePresidents*, as well as one Secretary*
and an Undersecretary*, not member of the Assembly, for a term of one
year. The Regulations shall establish
the methods for filling temporary and permanent vacancies.
Article 195: While the Assembly is in recess, a
Delegated Committee consisting of the President*, the Vice-President* and the
Presidents* of the Standing Committees shall be in session.
Article 196: The following are powers of the
Delegated Committee:
(1)
To call the National Assembly into extraordinary
session, when the importance of any matter so demands.
(2)
To authorize the President of the Republic to leave
the territory of Venezuela.
(3)
To authorize the National Executive to order
additional appropriations.
(4) To designate temporary Committees consisting of members of the Assembly.
(5)
To execute investigations functions ascribed to the
Assembly.
(6)
By a two thirds vote of its members, to authorize the
National Executive to create, modify or suspend public services in the event of
a proven emergency.
(7)
Any others established by the Constitution or by law.
Article 197: Deputies* of the National Assembly, are
obligated to work on a full-time basis for the benefit of the people's
interest, and to stay in constant contact with their constituents*, heeding these
opinions and suggestions and keeping them informed about its individual and
Assembly Management. They shall render
in an annual accounting of its management to the constituents* in the
jurisdiction from which they were elected, and shall be subject to recall by
referendum as provided for under this Constitution and the applicable law.
Article 198: A Deputy* of the National Assembly who
is recalled shall not be eligible for any public elective office during the
following term of office.
Article 199: Deputies* of the National Assembly are
not liable for votes and opinions expressed in the performance of their
official functions. They shall be
answerable to voters* and to the legislative entity only as provided for under
the Constitution and Regulations.
Article 200: Deputies* of the National Assembly shall
enjoy immunity in the exercise of their functions from the time of their
installation until the end of their term or resignation. Only the Supreme Tribunal of Justice shall
have competence over any crimes may be charged as committed by members of the
National Assembly, and only the Supreme Tribunal of Justice, subject to
authorization in advance from the National Assembly, shall have the power to
order their arrest and prosecution. In
the case of a flagrant offense committed by a legislator*, the competent
authority shall place such legislator* under house arrest and immediately
notify the Supreme Tribunal of Justice of such event.
Public
officials* who violate the immunity of members of the National Assembly shall
incur criminal liability and shall be punished in accordance with law.
Article 201: Deputies* are representatives of the
people and of the States taken together, they are not subject to mandates or
instructions, but only to their own consciences. Their vote in the National Assembly is personal.
Article 202: The law is an act enacted by the
National Assembly in legislative session.
Laws that contain a systematic set of norms regulating a particular
field may also be referred to as codes.
Article 203: Organic Laws are those designated as
such by this Constitution, those enacted to organize public powers or
developing constitutional rights, and those which serve as a normative
framework for other laws.
Any bill
for the enactment of an organic law, except in the case of those defined as
such in the Constitution itself, must first be accepted by the National
Assembly, by a two thirds vote of the members* present, before the beginning of
debate on the bill. This qualifying
vote shall also apply to the process of amending organic acts.
Laws
defined by the National Assembly as organic acts shall be sent, prior to
promulgation, to the Constitutional Division of the Supreme Tribunal of Justice
for a ruling on the constitutionality of their organic status. The Constitutional Division shall reach a
decision within ten days of receipt of the communication. If the Constitutional
Division rules that the law is not organic, such the law shall lose the organic
status.
Enabling
laws are those enacted by a three fifths vote of the members of the National
Assembly to establish the guidelines, purposes and framework for matters that
are being delegated to the President of the Republic, with the rank and force
of a law. Enabling law is to set the
period for the exercising thereof.
The initiative for introducing legislation
belongs to:
(1)
The National Executive Power.
(2)
The Delegated Committee and the Standing Committees.
(3)
Members* of the National Assembly, at least three in
number.
(4)
The Supreme Tribunal of Justice, in the case of laws
relating to judicial procedures and organization.
(5)
Citizen Power, in the case of laws relating to the
organs comprising the same.
(6)
Electoral Power in the case of laws relating to
electoral matters.
(7)
The voters*, in a number at least equivalent to 0.1%
of all permanently registered voters.
(8)
The State Legislative Council, in the case of laws
relating to the States.
Article 205: The discussion of bills submitted by
citizens* in accordance with the provisions of the preceding article shall be
initiated no later than the regular legislative session following that during
which the bill was introduced. If debate does not begin within such period, the
bill must be submitted for approval by referendum in accordance with law.
Article 206: The States must be consulted by the
National Assembly, through the State Legislative Council, when legislation in
matters relating to them is being considered.
The mechanisms for consultation of citizens and other institutions by the
Council with respect to such matters shall be established by law.
Article 207: To be enacted into law, every bill shall
be debated twice, on different days, following the rules established in this
Constitution and the pertinent regulations.
Once the bill is approved, the President* of the National Assembly shall
declare the law enacted.
Article 208: During the first debate, the statement
of legislative intent shall be considered and the objectives, scope and
viability of the same shall be evaluated in order to determine the
appropriateness of the law, and the articles shall be discussed. Upon approval at the first debate, the bill
shall be sent to the Committee directly concerned with the subject matter of
the law. If the bill relates to several Standing Committees, a mixed committee
shall be designated to conduct a study and prepare a report.
Committees
studying bills shall report the bill out within no more than 30 consecutive
days.
Article 209: Once the bill has been reported out of
committee, the second debate on the bill shall begin, being conducted article
by article. If the bill is approved
without amendment, it shall be enacted into law. However, if amended it shall be returned to the Committee
concerned for inclusion of the amendments by such Committee within no more than
15 consecutive days; once read the new version of the bill at a plenary session
of the National Assembly, it shall decide as appropriate by majority vote on
any articles as to which a discrepancy exists, and on any other articles
relating thereto. Once the discrepancy
has been resolved, the President shall declare the bill enacted into law.
Article 210: Debate on bills still pending at the end
of a legislative session may be continued during the next regular session or
during a special session.
Article 211: During the process of debating and
approval of bills, the National Assembly or Standing Committees shall consult
the other organs of the State, the citizenry and organized society to hear
their opinion about the same. The
following shall have the right to speak during debates on proposed laws: the
Cabinet Ministers*, as representative s of the Executive Power; such justice of
the Supreme Tribunal of Justice as the latter may designate, to represent the
Judicial Power; such representative of
Citizen Power as may be designated by the Republican Ethic Council; the
members* of the Electoral Authority; the States, through a representative designated by the State Legislative Council;
and the representative s of organized society, on such terms as may be
established by the Regulations of the National Assembly.
Article 212: The text of laws shall be preceded by
the following phrase: "The National Assembly of the Bolivarian Republic of
Venezuela hereby Decrees":
Article 213: Once the law has been enacted, it shall
be promulgated in duplicate with the final language as approved during the
debates. Both copies shall be signed by
the President*, the two Vice-Presidents* and the Secretary* of the National
Assembly, with the date of final approval.
One of the copies of the law shall be sent by the President* of the
National Assembly to the President of the Republic for purposes of
promulgation.
Article 214: The President* of the Republic shall
promulgate the law within a ten day period following the date on which the
President* receives it. During this
period the President* may, by Cabinet Ministers resolution with statement of
grounds, ask the National Assembly to amend any of the provisions of the law or
rescind its approval of part or all of it.
The
National Assembly shall decide by majority vote of those deputies present on
the matters raised by the President* of the Republic, and then shall send the
law back to him for promulgation.
The
President* of the Republic must proceed to promulgate the law within five days
of receipt, without the possibility of new objections.
When the
President* of the Republic considers that the law or any of its articles is
unconstitutional, he shall be required to request a ruling from the Constitutional
Division of the Supreme Tribunal of Justice, within the ten day period allowed
the President for promulgating the law.
The Supreme Tribunal of Justice shall reach a decision within 15 days of
receipt of the communication from the President of the Republic. If the
Tribunal declines to rule the provisions referred to it unconstitutional or
fails to reach a decision within the aforementioned period, the President of
the Republic must promulgate the law within five days of the Tribunal's
decision or the expiration of such term.
Article 215: The law shall be promulgated upon
publication with the order of "fulfillment" in the Official Gazette
of the Republic.
Article 216: When the President* of the
Republic fails to promulgate the law on the terms indicated above, the
President* and the two Vice-Presidents* of the National Assembly shall proceed
to promulgate it, without prejudice to such liability as the President* of the
Republic may incur by reason of his omission.
Article 217: The point at which the approving law of
an international treaty, agreement or convention must be promulgated shall be
left to the discretion of the National Executive, in accordance with
international practices and the convenience of the Republic.
Article 218: Laws are repealed by other laws and are
abrogated by referendum, subject to the exceptions established in this
Constitution. Laws may be amended in
whole or in part. A law that is amended
in part shall be published in a single text that incorporates the amendments
passed.
Section Five: Procedures
Article 219: The first regular legislative session of
the National Assembly shall begin, without advance notice, on January fifth of
each year or on the first subsequent day possible, and shall continue until
August 15. The second session shall
begin on September 15 or the first subsequent day possible, and shall end on
December 15.
Article 220: The National Assembly shall meet in
special sessions to take up the matters on the agenda contained in the notice
of the meeting, and any related matters.
A special session may also consider any matters declared urgent by a
majority vote of the members.
Article 221: The requirements and procedures for the
establishment and other sessions of the National Assembly, and for the
functioning of its Committees, shall be determined by the Regulations. In no case may a quorum be less than an
absolute majority of the members* of the National Assembly.
Article 222: The National Assembly shall be empowered
to exercise its control function by means of the following mechanisms:
parliamentary questions, investigations, questions, authorizations and
parliament's approvals as provided for in this Constitution and by law, and any
other mechanism that may be established by laws and their associated Regulations. In exercising parliamentary control, the
National Assembly shall have the power to make a finding of political liability
on the part of public officials* and call on Citizen Power to initiate the
appropriate action to enforce such liability.
Article 223: The Assembly or its Committees shall
have the power to conduct such investigations as they may deem appropriate in
matters within their competence, in accordance with the Regulations.
All public officials* are obligated, subject to the penalties established by law, to appear before such Committees and provide the same with any information and documents they may require in order to carry out their functions.
Private
citizens are also subject to this obligation, without prejudice to the rights
and guarantees embodied in this Constitution.
Article 224: The exercise of the power of
investigation does not affect the powers of other public authorities Judges* shall be obligated to take evidence
as commissioned by National Assembly and its Committees.
Chapter 11
Article 225: Executive Power is exercised by the
'President* of the Republic, the Executive Vice-President*, the Cabinet
Ministers* and other officials as determined by this Constitution and by law.
Article 226: The President* of the Republic is the
Head of State and of the National Executive, in which latter capacity he
directs the action of the government.
Article 227: In order to be elected President* of the
Republic, it is necessary to be Venezuelan* by birth, with no other
nationality, to be more than 30 years of age, not a member of the clergy and
not subject* to any conviction by final judgment, as well as meeting fulfill
other requirements prescribed in this Constitution.
Article 228: The election of the President* of the
Republic shall be by universal suffrage by direct and secret ballot, in
accordance with law. The candidate* who
has received a majority of the valid votes cast shall be proclaimed elected*.
Article 229: A person holding the office of Executive
Vice-President*, Minister* or Governor*, or Mayor* as of the date he announces
his candidacy or at any time between such date and that of the Presidential
election shall not be eligible for election to the office of President of the
Republic.
Article 230: The presidential term is six years. The President* of the Republic may be
re-elected, immediately and once only, to an additional term.
Article 231: The candidate elected* shall take office
as President* of the Republic on January 10 of the first year of his
constitutional term, by taking an oath before the National Assembly. If for any supervening reason, the person
elected President* of the Republic cannot be sworn in before the National
Assembly, he shall take the oath of office before the Supreme Tribunal of
Justice.
Article 232: The President* of the Republic is
responsible for his acts and for fulfilling the duties and obligations inherent
to such position. Is obligated to
endeavor the guarantee of the rights and liberties of Venezuelans*, as well as
the independence, integrity, sovereignty and defense of the Republic. The declaration of states of exception does
not modify the principle of the President* of the Republic's responsibility nor
that of the Executive Vice-President* or the Cabinet Ministers*, in accordance
with this Constitution and law.
Article 233: The President of the Republic* shall
become permanently unavailable to serve by reason of any of the following
events: death; resignation; removal from office by decision of the Supreme
Tribunal of Justice; permanent physical or mental disability certified by a
medical board designated by the Supreme Tribunal of Justice with the approval
of the National Assembly; abandonment of his position, duly declared by the
National Assembly; and recall by popular vote.
When an elected President* becomes permanently unavailable to serve prior to his inauguration, a new election by universal suffrage and direct ballot shall be held within 30 consecutive days. Pending election and inauguration of the new President*, the President* of the National Assembly shall take charge of the Presidency of the Republic.
When the
President* of the Republic becomes permanently unavailable to serve during the
first four years of this constitutional term of office, a new election by
universal suffrage and direct ballot shall be held within 30 consecutive
days. Pending election and inauguration
of the new President*, the Executive Vice-President* shall take charge of the
Presidency of the Republic.
In the
cases describes above, the new President* shall complete the current
constitutional term of office. If the
President becomes permanently unavailable to serve during the last two years of
his constitutional term of office, the Executive Vice-President* shall take
over the Presidency of the Republic until such term is completed.
Article 234: A President of the Republic* who becomes
temporarily unavailable to serve shall be replaced by the Executive
Vice-President* for a period of up to 90 days, which may be extended by
resolution of the National Assembly for an additional 90 days.
If the
temporarily unavailability continues for more than 90 consecutive days, the
National Assembly shall have the power to decide by a majority vote of its
members whether the unavailability to serve should be considered permanent.
Article 235: The absence of the President* of the
Republic from the territory of Venezuela requires authorization from the
National Assembly or the Delegated Committee, when such absence continues for a
period exceeding five consecutive days.
Section Two:
The President of the Republic
Article 236: The following are attributions and
duties of the President* of the Republic:
(1)
To comply with and enforce this Constitution and the
law.
(2)
To direct the activity of the Government.
(3)
To appoint and remove the Executive Vice-President*
and the Cabinet Ministers*.
(4)
To direct the international relations of the Republic
and sign and ratify international treaties, agreements or conventions.
(5)
To direct the National Armed Forces in his capacity as
Commander in Chief, exercise supreme hierarchical Authority over the same and
establish their contingent.
(6)
To exercise supreme command over the National Armed
Forces, promote their officers at the rank of coronel* or naval* captain* and
above, and appoint them to the positions exclusively reserved to them.
(7)
To declare states of exception and order the
restriction of guarantees in the cases provided for under this Constitution.
(8)
To issue executive orders having the force of law,
subject to authorization in advance by an enabling act.
(9)
To call special sessions of the National Assembly.
(10)
To issue regulations for the application of laws, in
whole or in part, without altering the spirit, purpose and reason for being of
the laws.
(11)
To
administer the National Public Treasury.
(12)
To negotiate national loans.
(13)
To order extraordinary budget item in addition to the
budget, subject to authorization in advance from the National Assembly or the
Delegated Committee.
(14)
To enter into contracts in the national interest,
subject to this Constitution and applicable laws.
(15)
To designate, subject to prior authorization from the
National Assembly or the Delegated Committee, the Attorney-General* of the
Republic and the heads* of the permanent diplomatic missions.
(16)
To designate and remove those officials* whose
appointment is made subject to his discretion by this Constitution or the
applicable law.
(17)
To address reports or special messages to the National
Assembly, either in person or through the Executive Vice-President*.
(18)
To formulate the National Development Plan and,
subject to approval in advance from the National Assembly, direct the
implementation of the same.
(19)
To grant pardons.
(20)
To determine the number, organization and competence
of the Ministries and other organs comprising the National Public
Administrative Branch, as well as the organization and functions of the Cabinet
Ministers, within the principles and guidelines set forth in the pertinent
organic law.
(21)
To dissolve the National Assembly in the case
contemplated by this Constitution.
(22)
To call reference in the cases provided for under the
present Constitution.
(23)
To call and preside over meetings of the National
Defense Council.
(24)
Any others vested in the President* under this
Constitution and law.
The
President* of the Republic shall exercise during a meeting of the Cabinet
Ministers the attributions indicated under items (7), (8), (9), (10), (12),
(13), (14), (18), (20), (21) and (22) above, and any others which may be
conferred upon him by law for exercise in the same manner.
In order to
be valid, the acts of the President of the Republic, with the exception of
those indicated under items (3) and
(5), must be countersigned by the Executive vice-president* and the Minister or
Ministers* concerned.
Article 237: Annually, within the first ten days
following to installation of the National Assembly, in ordinary session, the
President* of the Republic, shall present personally to the Assembly a message
by which will render account of the political, economic, social and
administrative aspects of its administration during the past year.
Article 238: The Executive Vice-President* is a
direct subordinate of and works closely with the President* of the Republic in
the latter's capacity as Head of the National Executive.
The Executive Vice-President* must meet the same requirements prescribes for eligibility for the office of President* of the Republic, and must not be related to the latter by either blood or marriage.
Article 239: The following are powers of the
Executive Vice-President*:
(1)
To cooperate with the President* of the Republic in
directing the actions of the government.
(2)
To coordinate the National Public Administration in
accordance with President* of the Republic's instructions.
(3)
To propose to the President* of the Republic the
appointment and removal of Ministers*.
(4)
To preside over the Cabinet, subject to authorization
in advance from the President* of the Republic.
(5)
To coordinate relations between the National Executive
and the National Assembly.
(6)
To preside over the Federal Government Council.
(7)
To appoint and remove, in accordance with law, those
national government officials* for whose designation no other authority has
been made responsible.
(8)
To replace the President* of the Republic when the
latter is temporarily unavailable.
(9)
To exercise such powers as may be delegated to him by
the President of the Republic*.
(10)
Any other powers assigned to him under the
Constitution and the law.
Article 240: Passage of a motion to censure the
Executive Vice-President*, by vote of at least two-thirds of the members of the
National Assembly, automatically involves his removal from office. The removed official*, shall not be eligible
to serve as Executive Vice-President* or Minister*, for the remainder of the
current presidential term of office.
The third
removal of an Executive Vice-President*, during the same presidential term of
office as a consequence of motions of censure, authorizes the President of the
Republic*, to dissolve the National Assembly.
The dissolution order includes the calling of elections to form a new
legislature within 60 days of the dissolution of the old.
The
Assembly cannot be dissolved during the final year of its constitutional term
of office.
Article 241: The Executive Vice-President* is
accountable for his acts, in accordance with this Constitution and the law.
Article 242: Ministers* are direct dependencies of
the President* of the Republic, and when assembled together with the latter and
with the Executive Vice-President*, they comprise the Cabinet of Ministers.
The President* of the Republic shall preside over meetings of the Cabinet of Ministers, but he shall have the power to authorize the Executive Vice-President* to preside over the same when he is unable to attend. Decisions made must be ratified by the President* of the Republic.
The
Executive Vice-President* and the Ministers who took part are jointly and
severally accountable for decisions of the Cabinet of Ministers, with the
exception of those who placed on record an adverse or negative vote.
Article 243: The President* of the Republic shall
have the power to appoint Ministers* of State, who, in addition to
participating in the Cabinet of Ministers, shall advise the President* of the
Republic and the Executive Vice-President* concerning the matters assigned to
them.
Article 244: A Minister* is required to be of
Venezuelan nationality and more than 25 years of age, with the exceptions
established in this Constitution.
Ministers* are responsible for their actions in accordance with this Constitution and in accordance with law, and shall submit to the National Assembly, within the first 60 days of each year, a sufficient and reasoned annual report on their stewardship during the past year, in accordance with law.
Article 245: Ministers* have the right to speak
before the National Assembly and the Committees thereof. They have the right to take part in debates
in the National Assembly, without the right to vote.
Article 246: The approbation of a vote of censure
against a Minister* by at least a three fifths vote of the members* present in
the National Assembly, shall result in the Minister's* removal from
office. The removed official* shall be
barred from serving as a Minister* or Executive Vice-President* for the
remainder of that presidential term.
Section Five:
General Attorney of the Republic
Article 247: The Office of the General Attorney of
the Republic advises, defends and represents in and out of court the property
interests of the Republic, and must be consulted for purposes of approval of
contracts in the national public interest.
The pertinent organic law shall determine the organization, competence
and functioning of this office.
Article 248: The Office of the General Attorney of
the Republic shall be in the charge and under the direction of the General
Attorney' of the Republic, with the assistance of other officials as determined
by the pertinent organic law.
Article 249: The General Attorney of the Republic
must meet the same conditions required in order to serve as a justice of the
Supreme Tribunal of Justice. Shall be
appointed by the President* of the Republic, with the authorization of the
National Assembly.
Article 250: The General Attorney* of the Republic shall attend and have the right to speak at meetings of the Cabinet of Ministers.
Article 251: The Council of State is the highest
consultative organ of the Government and the National Public Administration. It
shall be charged with making policy recommendations in the national interest
with regard to matters recognized by the President* of the Republic as being of
particular importance and requiring the Council's opinion.
The
pertinent law shall determine its functions and powers.
Article 252: The Council of State shall be presided over by the ExecutiveVice-President*, and shall be also integrated by five members designated by the President* of the Republic; one representative designated by the National Assembly; one representative designated b y the Supreme Tribunal of Justice and One State Governor* designated by all of the States chief executives jointly.
Chapter III
Judicial Power and Justice S stem
Section One: General Provisions
Article 253: The power to administer justice emanates
from the citizens* and is exercised in the name of the Republic by Authority of
law.
The organs comprising the Judicial Power are charged with dealing with all cases and matters within their competence, through such procedures as may be determined by the laws, and with carrying out or causing the execution of their judgments.
The justice
system consists of the Supreme Tribunal of Justice, such other courts as may be
determined by law, the Office of Public Prosecutions, the Public Defender's
Office, criminal investigation organs, judicial assistants and officials*, the
penitentiary system, alternative means of justice, citizens* participating in
the administration of justice in accordance with law and attorneys* at law
admitted to practice.
Article 254: The Judicial Power is autonomous, and
the operating, financial and administrative autonomy of the Supreme Tribunal of
Justice is hereby established. To this
end, in the national general budget a variable annual amount at least
equivalent to 2% of the ordinary national budget shall be allocated to the
justice system in order to enable it to function effectively; such amount shall
not be reduced or modified without authorization in advance from the National
Assembly. The Judicial Power is not
authorized to establish any charges or tariffs, nor to demand any payment for
its services.
Article 255: Appointment to a judicial position and
the promotion of judges shall be carried out by means of public competitions to
ensure the capability and excellence of the participants, with selection by the
juries of the judicial circuits, in such manner and on such terms as may be
established by law. The appointment and
swearing in of judges shall be the responsibility of the Supreme Tribunal of
Justice. Citizen participation in the
process of selecting and designating judges* shall be guaranteed by law. Judges* shall be removed or suspended from
office only through the procedures expressly provided for by law.
Measures
shall be taken by law to promote the professionalism of judges*, and the
universities shall cooperate to this end, organizing their corresponding law
schoools´ pensa to specialized studies in judicial practice.
Judges are
personally liable, on such terms as may be determined by law, for unjustified omissions, delay or errors, for
substantial failure to observe the rules of procedure, for denial of justice,
for partiality and for the criminal offenses of bribery and prevarication in
office.
Article 256: In order to guarantee impartiality and
independence in the exercise of their official functions, magistrates*,
judges*, prosecutors* in the Office of Public Prosecutions and public
defenders, from the date of their appointment until they leave office, shall
not be permitted, otherwise than by exercising their right to vote, to engage
in partisan political, professional association, trade union or similar
activism; nor to engage in private activities for profit which are incompatible
with their official functions, either directly or through any interposed
person; nor to perform any other public functions, with the exception of
educational activities.
Judges*
shall not be permitted to form associations among themselves
Article 257: Procedure represents a fundamental
instrument for the administration of justice.
Procedural laws shall provide for the simplification, uniformity and
efficiency of legal formalities, and shall adopt expeditious, oral and public
procedures. Justice shall not be
sacrificed because of the omission of nonessential formalities.
Article 258: Justice of peace in communities shall be
organized by law. Justices* of peace
shall be elected by universal suffrage, directly and by secret ballot, in
accordance with law.
The law
shall encourage arbitration, conciliation, mediation and any other alternative
means for resolving conflicts.
Article 259: Competence over contentious
administrative law proceedings shall be vested in the Supreme Tribunal of
Justice and such other courts as may be determined by law. Organs with jurisdiction in the field of
contentious administrative law are competent to nullify general or individual
administrative acts contrary to law, including cases of power deviation; to
order the payment of sums of money and reparations for damages for whose
causation the Administration is responsible; to deal with claims arising from
the providing of public services; and to rule as necessary to restore the legal
position of parties harmed by administrative actions.
Article 260: The legitimate authorities of the native
peoples shall have the power to apply within their territorial competence
levels of administration of justice based on their ancestral traditions and
affecting their members only, in accordance to their own rules and proceedings,
provided the same are not contrary to this Constitution, law and public
order. The manner in which this special
competence shall be coordinated with the national judicial system shall be determined
by law.
Article
261: Military criminal jurisdiction is an integral part of the Judicial Power,
and its judges* shall be selected by a competitive process. Its sphere of competence, organization and
modes of operation shall be governed by the accusatory system and in accordance
with the Organic Code of Military Justice.
The commission of common crimes, human rights violations and violations
of humanity rights shall be judged by the courts of the ordinary jurisdiction. Military courts jurisdiction is limited to
offenses of a military nature. Insofar
as not provided for in this Constitution, special jurisdiction and the
competence, organization and functioning of the courts shall be regulated by
law.
Article 262: The Supreme Tribunal of Justice shall
sit in plenary session and in Constitutional, Political/Administrative,
Electoral, Civil Appeal, Criminal Appeal, and Social Appeal Divisions, whose
composition and competence shall be determined by the pertinent organic
act. The Social Division shall
encompass matters relating to appeals involving agrarian matters, labor matters
and minors.
Article 263: To be a justice* of the Supreme Tribunal
of Justice, a person must:
(1) Have
Venezuelan nationality by birth.
(2) Be
recognized as an honorable citizen*.
(3) Be
a jurist of recognized competence; enjoy a good reputation; have a minimum of
15 years experience practicing law and have a post-graduate degree in law, or
have at least 15 years experience as a university professor of law, having
obtained the rank of full professor; or be or have been a superior court judge
in the specialty of the division for which he is a candidate, having been a
sitting judge for at least 15 years and gained recognized prestige in the performance
of his duties.
(4) Any
other requirements established by law.
Article 264: The justices of the Supreme Tribunal of
Justice shall be elected for a single term of 12 years. The election procedure shall be determined
by law. In all cases, candidates may be
proposed to the Judicial Nominations Committee either on their own initiative
or by organizations involved in the field of law. After hearing the opinion of thc community, the Committee shall
carry out a preselection to be submitted to the Citizen Power, which shall
carry out a second preselection to be submitted to the National Assembly, which
shall carry out the final selection.
Citizens* may file objections to any of the candidates*, for cause, with
the Judicial Nominations Committee or the National Assembly.
Article 265: Justices* of the Supreme Tribunal of
Justice may be removed by the National Assembly by a qualified two-thirds
majority of the members, after granting the interested party a hearing; in
cases involving serious misconduct already characterized as such by the Citizen
Power, on such terms as may be established by law.
Article 266: The following are powers of the Supreme
Tribunal of Justice:
(1)
To exercise constitutional jurisdiction in accordance
with title VIII of this Constitution.
(2)
To rule as to whether or not there are grounds for
impeaching the President* of the Republic or whomever may be acting in that
capacity, and if so, to retain competence of the proceedings, subject to the
approval of the National Assembly, until the final judgment.
(3)
To rule as to whether or not there are grounds for
impeaching the Vice-President* of the Republic; members* of the National
Assembly or the Supreme Tribunal of Justice itself, Ministers*; the General
Attorney*; General Prosecutor*; General Comptroller* of the Republic; the
People Defender*; Governors*; general officers* and naval admirals of the
National Armed Forces; or the heads of Venezuelan diplomatic missions; and, if
so, to refer the record to the General Prosecutor of the Republic or whomever is
acting in his capacity, where appropriate, and if the offense charged is a
common crime, the Supreme Tribunal of Justice shall retain competence of the
matter until a final judgment is handed down.
(4)
To resolve any administrative controversies that may
arise between the Republic, any State, Municipality or other public entity,
when the other party is also one of these same organs, except in the case of a
controversy between Municipalities belonging to the same State, in which case
competence may be vested by law in another court.
(5)
To declare null and void, in whole or in part,
regulations and other general or individual administrative actions of the
National Executive Branch, where appropriate.
(6)
To take competence of motions for declaratory judgment
on the content and application of legal texts, on the terms contemplated by
law.
(7)
To decide competence conflicts between courts, whether
ordinary or special, when there is no higher or common court shared by both in
the hierarchical order.
(8)
To take jurisdiction of appeals for violations of law.
(9)
Such others as may be vested in it by law.
The powers
indicated under (1) shall be exercised by the Constitutional Division; those
indicated under (2 ) and (3), in Plenary Session; and those indicated under (4)
and (5), by the Political/Administrative Division. The remaining powers shall be exercised by the various divisions
as provided for under this Constitution and by law.
Article 267: The Supreme Tribunal of Justice is
charged with the direction, governance and administration of the Judicial Power
and inspection and vigilance of the courts of the Republic and the public
defenders' offices. The Supreme Tribunal is also charged with preparing and
implementing its own budget and that of the Judicial Power.
Jurisdiction
over judicial discipline shall be vested in such disciplinary courts as may be
determined by law.
The
discipline system for magistrates* and judges* shall be based in the Venezuelan
Judge's* Code of Ethics to be promulgated by the National Assembly. Disciplinary proceedings shall be public,
oral and expeditious, in accordance with due process, subject to such terms and
conditions as may be established by law.
In order to
exercise these powers, the Supreme Tribunal in plenary session shall create an
Executive Department of the Judiciary, with its various regional offices.
Article 268: The autonomy and organization,
functioning, discipline and fitness of service of public defenders shall be
provided for by law, in order to ensure the efficiency of the service and
guarantee career benefits for public defenders.
Article 269: The organization of judicial circuits
and the creation and competence of regional courts and tribunals shall be
regulated by law in such manner as to promote the administrative and
jurisdictional decentralization of the Judicial Power.
Article 270: The Committee on Judicial Nominations is
a body charged with advising the Judicial Power on the selection of candidates*
for designation as justices of the Supreme Tribunal of Justice. In addition, it shall advise the judicial
electoral colleges on the election of judge,* of disciplinary
jurisdiction. The Committee on Judicial
Nominations shall be made up of representatives of the various sectors of
society, in accordance with such provisions as may be established by law.
Article 271: Extradition of foreign nationals
responsible for capital delegitimization, drug, and international organized
crime offenses, as well as crimes against the public patrimony of other States
and against human rights, shall in no case be denied. Judicial proceedings for the purpose of punishing offenses
against human rights or public patrimony, or drug trafficking, shall not be
barred by the statute of limitations.
Likewise, subject to court order, assets deriving from the activities
relating to these offenses shall be confiscated.
Proceedings pertaining to the aforementioned offenses shall be public, oral and expeditious, with respect for due process, the competent judicial authorities being authorized to order the necessary preventive precautionary measures against assets belonging to the defendant or persons interposed by the latter, in order to provide a guarantee for their possible civil liability.
Article 272: The State guarantees a penitentiary
system such as to ensure the rehabilitation of inmates* and respect for their
human rights. To this end, penitentiary
establishments shall have areas for work, study, sports and recreation, shall
operate under the direction of professional penologists with academic
credentials, and will be ruled by
decentralized administration by state or municipal governments; they may be
subject to privatization arrangements.
In such establishments, an open regimen shall be preferred, as well as
the model of custodial agricultural colonies.
In all cases punishment formulas without restriction of freedom shall be
applied with preference to measures that restrict freedom. The State shall create the essential
institutions to provide postpenitentiary assistance for the reinsertion of the
inmate* into society and shall encourage the creation of an autonomous
penitentiary institution with personnel of an exclusively technical nature.
Chapter IV
Section One: General Provisions
Article 273: Citizen Power is exercised by the
Republican Ethics Council, consisting of the People Defender*, the General
Prosecutor* and the General Comptroller of the Republic.
The organs
of Citizen Power are the People Defender's Office, the Office of Public
Prosecutions and the Office of the General Comptroller of the Republic, one of
whose heads shall be designated by the Republican Ethics Council as its
Chairman for a one-year term of office, with the possibility of re-election.
Citizen Power
is independent and its organs enjoy operating, financial and administrative
autonomy. To this end, from the general
State budget it shall be allocated a variable annual budget appropriation.
Its
organization and operation shall be established by organic act.
Article 274: The organs exercising Citizen Power are
charged, in accordance with this Constitution and with the law, with
preventing, investigating and punishing actions that undermine public ethics
and administrative morals; to see to sound management and legality in the use
of public property, and fulfillment and application of the principle of
legality in all of the State's administrative activities, as well as to promote
education as a process that helps create citizenship, together with solidarity,
freedom, democracy, social responsibility and work.
Article 275: The representatives of the Republican
Ethic Council shall issue to the authorities or officials* of the National
Public Administrative warnings as to breaches in the fulfillment of their legal
duties. If these warnings are not heeded, the Republican Ethics Council shall
have the power to impose the penalties established by law. In the event of contempt, the Chairman of
the Republican Ethics Council shall submit a report to the organ or dependency
to which the public official or employee concerned is attached, in order that
such body or dependency to take the proper corrective action, in accordance to
the case without prejudice to such penalties as may be applicable in accordance
with law.
Article 276: The Chairman* of the Republican Ethic
Council and the heads of the organs comprising Citizen Power shall submit an
annual report before a plenary session of the National Assembly. They shall likewise submit reports whenever
asked by the National Assembly to do so.
Both the
regular and the special reports are to be published.
Article 277: All officials* of the National Public
Administrative are obligated, subject to such penalties as may be established
by law, to cooperate on an urgent priority basis with representatives* of the
Republican Ethics Council in connection with the latter's investigations. The Council shall have the power to ask them
for such statements and documents as it may deem necessary in order to perform
its functions; this includes any documents that may have been classified or
catalogues as confidential or secret in accordance with law. In all cases, Citizen Power shall release
information contained in confidential or secret documents only through such
procedures as may be established by law.
Article 278: The Republican Ethic Council shall
promote all types of teaching activities designed to contribute to the
understanding and study of this Constitution; love for the native land, civic
and democratic virtues and the transcendental values of the Republic; and
observance of and respect for human rights.
Article 279: The Republican Ethic Council shall
convene a Citizen Power nomination Evaluating Committee, which shall be made up
of a group of representative s from various sectors of society, and shall
conduct public proceedings resulting in the provision of a list of three
candidates from each organ member of the Citizen Power to be submitted for
consideration by the National Assembly, which, by a two-thirds vote of its members,
shall select within 30 calendar days the member* of the Citizen Power organ
under consideration in each case. If the National Assembly has not reached an
agreement by the end of this period, Electoral shall submit the list of three
candidates to a public referendum.
If the
Citizen Power Nomination Evaluating Committee has not been convoked, the
National Assembly shall proceed, within such time limit as may be determined by
law, to designate the member* of the pertinent Citizen Power organ.
Members* of
Citizen Power shall be subject to removal by the National Assembly, following a
ruling by the Supreme Tribunal of Justice, in accordance with the procedure
established by law.
Section Two:
People Defender's Office
Article 280: The People Defender's Office is charged
with the furtherance, defense and oversight of the rights and guarantees
established under this Constitution and international treaties on human rights,
in addition to defending the legitimate, collective and diffuse interest of the
citizens*.
The People
Defender's Office shall act under the direction and responsibility of the
People Defender*, who shall be designated to serve for a single seven-year
term.
The People
Defender must be a Venezuelan national over the age of 30 years, with manifest
and proven competence in the field of human rights, and must meet with such
requirements as to honesty, ethics and morality as may be established by law.
If the People Defender is temporarily or permanently unavailable to serve, the
vacancy shall be filled in accordance with applicable provisions of law.
Article 281: The following are functions of the
People Defender:
(1)
To see that the human rights provided for in this
Constitution and in the international treaties, agreements and conventions on
human rights ratified by the Republic are effectively respected and guaranteed,
investigating either on his own initiative or at the request of any
denunciation of which he or she becomes aware.
(2)
To see to the proper functioning of public services;
protect and defend the legitimate, collective and diffuse rights and interests
of persons against arbitrary acts, abuse of authority and errors committed in
the providing of such public services, filing when appropriate, any actions to
demand that the State compensate parties subject to its administrative actions
for any damages that may have been caused them in connection with the
functioning of such public services.
(3)
To file unconstitutionality actions, summary
constitutional remedies, habeas corpus,
habeas data and any other actions or
motions necessary in order to exercise the powers indicated above, where proper
in accordance with law.
(4)
To urge the General Prosecutor* of the Republic to
pursue any appropriate actions or motions against public Officials* responsible
for violations of or encroachment upon human rights.
(5)
To ask the Republican Ethic Council to take the
appropriate measures with regard to public officials* responsible for
violations of or encroachment upon human rights.
(6)
To ask the competent authority to apply appropriate
corrective and punitive measures in cases involving violations of the rights of
consumers and users, in accordance with law.
(7)
To submit to legislative organs at the municipal,
state or national levels, bills or other initiatives for the progressive
protection of human rights.
(8)
To protect the rights of native peoples and take such
action as may be necessary to guarantee and protect such rights effectively.
(9)
To visit and inspect the dependencies and
establishments of State agencies, to prevent or protect human rights.
(10)
To place before the appropriate organs recommendations
and observations as necessary in the interest of providing optimum protection
for human rights, to which end shall develop mechanisms for remaining in
constant communication with national and international public and private
organs for the protection and defense of human rights.
(11)
To promote and implement policies for the expansion
and effective protection of human rights.
(12)
Such other functions as may be established by the
Constitution and by law.
Article 282: The People Defender* shall enjoy
immunity in the exercise of his functions, and therefore shall not be subject
to pursuit, arrest or prosecution for acts relating to the performance of his
official functions. In any such case,
exclusive competence shall be vested in the Supreme Tribunal of Justice.
Article 283: Matters relating to the organization and functioning of the People Defender's Office at the municipal, state, national, and special levels shall be determined by law. The activities of this Office shall be governed by the principles of gratuitous service, accessibility, dispatch, freedom from formalities, and proceeding on own initiative.
Article 284: The Office of Public Prosecutions shall
be under the direction and responsibility of the General Prosecutor* of the
Republic, who shall perform his functions directly, with the assistance of such
officials* as may be determined by law.
To be
General Prosecutor* of the Republic, a person must meet the same eligibility
requirements that apply to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall
be designated for a seven-year term.
Article 285: The following are functions of the
Office of Public Prosecutions:
(1)
In judicial proceedings, to guarantee respect for
constitutional rights and guarantees, as well as those deriving from
international treaties, agreements and conventions signed by the Republic.
(2)
To guarantee the speedy trail of the judicial process,
the right to previous trial and a due process.
(3)
To order and direct criminal investigation of the
perpetration of punishable acts, with a view to establishing that the same were
committed, with all circumstances that may be relevant to stating the offense
and establishing the responsibility of the perpetrators* and other
participants, as well as to secure custody of the objects actively and
passively concerned with the perpetration of the offense.
(4)
To conduct on behalf of the State criminal prosecutions
in those cases in which no initiative on the part of a party is required in
order to initiate or continue such prosecution, with the exceptions established
by law.
(5)
To file any appropriate actions to hold liable public
officials* who have incurred civil, labor, military, criminal, administrative
or disciplinary liability the course of their official duties.
(6)
Any other functions that may be assigned to this
office by the Constitution and by law.
These
attributions do not discredit the exercise of any rights or actions to which
private parties or other officials* may be entitled in accordance with this
Constitution and the law.
Article 286: Matters relating to the organization and
functioning of the Office of Public Prosecutions at the municipal, state and
national levels shall be determined by law, providing the appropriate
measures to ensure the suitability,
probity and stable tenure of the attorneys* of the Office of Public
Prosecutions. Rules to guarantee the
exercise of these functions by career personnel shall also be established by
law.
Article 287: The Office of the General Comptroller of
the Republic is the organ that controls, watches and audits revenues, expenses,
public and national property and transactions relating to the same. It enjoys
operating, administrative and organizational autonomy, and concentrates its
activities on functions relating to inspection of the organs and entities under
its oversight.
Article 288: The Office of the General Comptroller of
the Republic shall be under the direction and responsibility of the General
Comptroller* of the Republic, who must be Venezuelan*, over 30 years of age and
possessed of proven ability and experience for purposes of performing the
duties of the position.
The General
Comptroller* of the Republic shall be designated for a seven-year term.
Article 289: The following are functions of the
General Comptroller of the Republic:
(1) To control, make vigilance and audit public revenues, expenses and property, as well as transactions relating to the same, without prejudice to the functions vested in other organs, in the case of the States and Municipalities, in accordance with law.
(2)
To control the public debt, without prejudice to the
functions vested in other organs, in the case of the States and Municipalities,
in accordance with law.
(3)
To inspect and audit the public-sector, organs,
entities and juridical persons subject to his control, conduct audits, order
the opening of investigations into irregularities against public patrimony, as
well as order measures, raising objections and applying administrative
penalties as appropriate, in accordance with law.
(4)
To call on the General Prosecutor* of the Republic to
file the appropriate legal actions with regard to in actions and crimes
committed against public patrimony, of which becomes aware in the course of
performing his official functions.
(5)
To exercise operating control and evaluate compliance
with and the results of the public policies and decisions of the public-sector
organs, entities and juridical persons subject to his control, as regards their
revenues, expenses and property.
(6)
Any other functions that may be vested in him by the
Constitution and by law.
Article 290: Matters relating to the organization and
functioning of the Office of the General Comptroller of the Republic and the
national tax control system shall be determined by law.
Article 291: The Office of the General Comptroller of
the Armed Forces is an integral part of the national control system. It shall be in charge of vigilance, control
and auditing of public revenues, expenses and property allocated to the
National Armed Forces and their dependencies, without prejudice to the scope and
competence of the Office of the General Comptroller of the Republic. Its organization and functioning shall be
determined by the pertinent law, and shall be under the responsibility of the
General Comptroller* of the Armed Forces, who shall be designated by means of a
competitive process.
Chapter V: Electoral Power
Article 292: Electoral Power is exercised by the
National Electoral Council as governing body, and by the latter's subordinate
organs, the National Board of Elections, the Civil Status and Voter
Registration Commission and the Commission on Political Participation and
Financing, with organization and functioning as established under the pertinent
organic law.
Article 293: The following are functions of Electoral
Power:
(1)
To regulate election laws and resolve any doubts and
unregulated areas raised by or contained in such laws.
(2) To prepare its budget, concerning which it shall handle directly with the National Assembly, and which it shall manage autonomously.
(3)
To issue binding directives in the field of political
and electoral advertising and financing, and impose penalties when such
directives are not abided by.
(4)
To declare elections null and void, either in whole or
in part.
(5)
Organization, administration, direction and vigilance
of all acts relating to elections to fill public offices by popular vote, as
well as referenda.
(6)
To organize elections for labor unions, professional
associations and organizations pursuing political purposes, in accordance with
applicable provisions of law. Electoral
Power shall also have the power to organize electoral processes for other
organizations in civil society, either at their request or by order of the
Electoral Division of the Supreme Tribunal of Justice. The entities, organs and organizations
concerned shall cover the costs of their election processes.
(7)
To maintain, organize, direct and supervise the Civil
and Electoral Registry.
(8)
To organize the registration and enrollment of
organizations pursuing a political purposes, and see that such organizations
comply with the provisions governing their status, as set forth in the
Constitution and law. In particular,
Electoral Power shall decide on applications for the founding, renewal and
cancellation of organizations for political purposes, the determination of
their lawful authorities and provisional names, colors and symbols.
(9)
To control, regulate and investigate the funds raised
to finance organizations for political purposes.
(10)
Such other functions as may be determined by law.
Electoral Power organs shall guarantee the equality, reliability, impartiality, transparency and efficiency of electoral processes, as well as implementation of the personalization of suffrage and proportional representation.
Article 294: The organs comprising Electoral Power
are governed by principles of organic independence, functional and budgetary
autonomy, separation of the electoral organs from the political parties,
impartiality and citizen participation, as well as decentralization of
electoral administration, transparency and expeditiousness of the voting
process and tallying of votes.
Article 295: The Election Nominations Committee for
candidates* for membership seats on the National Electoral Council shall be
made up of representatives of the various different sectors of society, as
provided for by law.
Article 296: The National Electoral Council shall
consist of five members having no ties to organizations for political purposes;
three of these shall be nominated by civil society, one by the schools of law
and political science of the national universities, and one by the Citizen
Power.
The three
members nominated by civil society shall have six alternates in ordinal
sequence, and each of the members designated by the universities and Citizen
Power shall have respectively two alternates.
The National Board of Elections, the Civil Status and Voter Registration
Commission and the Commission on Political Participation and Financing shall
each be presided over by a member* designated by civil society. The members* of the National Electoral
Council shall hold office for seven years and shall be elected separately: the
three nominated by civil society at the beginning of each term of office of the
National Assembly , and the other two halfway through such term of office.
The
members* of the National Electoral Council shall be designated by a two thirds
vote of the members of the National Assembly.
The members of the National Electoral Council will designate their
President* among them in accordance with the Law.
The members
of the National Electoral Council shall be subject to removal by the National
Assembly, following a ruling of the Supreme Tribunal of Justice.
Article 297: The contentious electoral jurisdiction
shall be exercised by the Electoral Section of the Supreme Tribunal of Justice
and any other Courts established by law.
Article 298: The law regulating electoral process
shall not be in any form modified in the period between the elections day and
the preceding six months.
TITLE VI
SOCIOECONOMIC SYSTEM
Chapter 1
Article 299: The economic regime of the Bolivarian
Republic of Venezuela is based on the principles of social justice,
democratization, efficiency, free competition, protection of the environment,
productivity and solidarity, with a view to ensuring overall human development
and a dignified and useful existence for the community. The State, jointly with private initiative,
shall promote the harmonious development of the national economy, to the end of
generating sources of employment, a high rate of domestic added value, raising
the standard of living of the population and strengthen the economical
sovereignty of the country, guaranteeing the reliability of the law; the solid,
dynamic, sustainable, continuing and equitable growth of the economy to ensure
a just distribution of wealth through participatory democratic strategic
planning with open consultation.
Article 300: National laws shall establish the
conditions for the creation of functionally decentralized entities to carry out
social or entrepreneurial activities, with a view to ensuring the reasonable
economic and social productivity of the public resources invested in such
activities.
Article 301: The State reserves to itself the use of
trade policy to protect the economic activities of public and private
Venezuelan enterprises. Business
enterprises, organs or persons of foreign nationality shall not be granted with
regimes more advantageous than those established for Venezuelan nationals. Foreign investment is subject to the same conditions
as domestic investment.
Article 302: The State reserves to itself, through
the pertinent organic law, and for reasons of national expediency, the
petroleum industry and other industries, operations and goods and services
which are in the public interest and of a strategic nature. The State shall promote the domestic
manufacture of raw materials deriving from the exploitation of nonrenewable
natural resources, with a view to assimilating, creating and inventing
technologies, generating employment and economic growth and creating wealth and
wellbeing for the people.
Article 303: For reasons of economic and political
sovereignty and national strategy, the State shall retain all shares of
Petróleos de Venezuela, S.A. or the organ created to manage the petroleum
industry, with the exception of subsidiaries, strategic joint ventures,
business enterprises and any other venture established or coming in the future
to be established as a consequence of the carrying on of the business of
Petróleos de Venezuela, S.A.
Article 304: All waters are property in the Nation's
public domain, essential to life and development. The necessary provisions shall be established by law to guarantee
the protection, utilization, and recuperation thereof, respecting the phases of
the hydrological cycle and zoning criteria.
Article 305: The State shall promote sustainable
agriculture as the strategic basis for overall rural development, and
consequently shall guarantee the population a secure food supply, defined as
the sufficient and stable availability of food within the national sphere and
timely and uninterrupted access to the same for consumers. A secure food supply must be achieved by
developing and prioritizing internal agricultural and livestock production,
understood as production deriving from the activities of agriculture,
livestock, fishing and aquiculture.
Food production is in the national interest and is fundamental to the
economic and social development of the Nation.
To this end, the State shall promulgate such financial, commercial,
technological transfer, land tenancy, infrastructure, manpower training and
other measures as may be necessary to achieve strategic levels of
self-sufficiency. In addition, it shall
promote actions in the national and international economic context to
compensate for the disadvantages inherent to agricultural activity.
The State
shall protect the settlement and communities of nonindustrialized fishermen*,
as well as their fishing banks in continental waters and those close to the coastline,
as defined by law.
Article 306: The State shall promote conditions for
overall rural development, for the purpose of generating employment and
ensuring the rural population an adequate level of well-being, as well as their
inclusion in national development. It shall likewise promote agricultural
activity and optimum land use by providing infrastructure projects, supplies,
loans, training services and technical assistance.
Article 307: The predominance of large land estates
is contrary to the interests of society.
Appropriate tax law provisions shall be enacted to tax fallow lands and
establish the necessary measures to transform them into productive economic
units, likewise recovering arable land.
Farmers and other agricultural producers are entitled to own land, in
the cases and forms specified under the pertinent law. The State shall protect and promote
associative and private forms of property in such manner as to guarantee
agricultural production. The State
shall see to the sustainable ordering of arable land to guarantee its
food-producing potential.
In
exceptional cases, quasi-tax contributions shall be created to provide funds
for financing, research, technical assistance, transfer of technology and other
activities that promote the productivity and competitiveness of the
agricultural sector. These matters
shall be appropriately regulated by law.
Article 308: The State shall protect and promote
small and medium-sized manufacturers, cooperatives, savings funds, family-owned
businesses, small businesses and any other form of community association for
purposes of work, savings and consumption, under an arrangement of collective
ownership, to strength the country's economic development, based on the
initiative of the people. Training,
technical assistance and appropriate financing shall be guaranteed.
Article 309: Typical Venezuelan crafts and folk
industries shall enjoy the special protection of the State, in order to
preserve their authenticity, and they shall receive credit facilities to
promote production and marketing.
Article 310: Tourism is an economic activity in the
national interest, and represents a high priority in the country's strategy of
diversification and sustainable development.
As part of the foundation of the socioeconomic regime contemplated by
this Constitution, the State shall promulgate measures to guarantee the
development of tourism. The State shall
see to the creation and strengthening of a national tourist industry.
Chapter II
Tax and Monetary System
Article 311: Fiscal Policy shall be governed and
implemented on principles of efficiency, solvency, transparency, responsibility
and fiscal balance. Fiscal Policy is to
be balanced over a multiyear budget framework, in such manner that ordinary
revenues shall be sufficient to cover ordinary expenses.
The
National Executive shall submit for enactment by the National Assembly a
multiyear framework for budgeting that establishes the maximum limits of
expenditures and indebtedness to be contemplated in national budgets. The characteristics of this framework, the
requirements for modifying the same and the terms for carrying out the same
shall be established by law.
Any
revenues generated by exploiting underground wealth and minerals, in general,
shall be used to finance real productive investment, education and health.
The
principles and provisions established for national economic and financial
management shall also govern that of the States and Municipalities, to the
extent applicable.
Article 312: Public debt limits shall be set by law
in accordance with a prudent level in terms of the size of the economy,
reproductive investment and the ability to generate revenues to cover public
debt service. In order to be valid,
public credit transactions shall require a special law authorizing them, with
the exceptions established under the pertinent organic law. The special law shall indicate the
modalities of the transactions and authorize the appropriate budget credits in
the pertinent budget law.
The annual
special indebtedness law shall be submitted to the National Assembly together
with the budget law.
The State
shall not recognize any obligations other than those assumed by lawful National
Authority organs in accordance with law.
Article 313: The economic and financial management of
the State shall be governed by a budget approved annually by law. The National Executive shall submit the
draft Budget Act to the National Assembly, at the time prescribed by the
organic act. If the Executive Power fails for any reason to submit the budget
bill within the time limit established by law, or the bill is rejected, the
budget for the current fiscal year shall remain in effect.
The National Assembly shall have the power to alter budget items, but shall not authorize measures leading to a decrease in public revenues or to expenses exceeding the estimated revenue amounts in the budget bill.
In
submitting the multiyear budget framework, the special indebtedness law and the
annual budget, the National Executive Branch shall explicitly state the
long-term objectives of fiscal Policy and explain how these objectives are to
be achieved, in accordance with principles of responsibility and a fiscal
balance.
Article 314: No expense of any kind shall be
disbursed unless the same has been provided for in the budget law. Additional budget credit items may be
ordered to cover essential unforeseen expenses or items that had not been
adequately funded, only if the treasury has resources to cover the expenditure
concerned; this shall be done only following a vote in favor by the Cabinet of
Ministers and authorization by the National Assembly, or in its absence, by the
Delegated Committee.
Article 315: In the annual public expense budgets at
all levels of government, the specific objective to which each credit item in
the budget is addressed shall be clearly established, as well as the concrete
results expected and the public officials responsible for achieving these
results. The latter shall be
established in quantitative terms, by means of performance indicators, where
this is technically possible. The
Executive Power shall submit to the National Assembly within six months of the
close of the fiscal year the annual accounting and budget implementation
balance sheet for such fiscal year.
Article 316: The taxation system shall seek a fair
distribution of public burdens in accordance with the taxpayer's ability to
pay, taking into account the principle of progressive taxation, as well as protection
of the national economy and raising the standard of living of the population,
the foundation therefore being an efficient system for the collection of taxes.
Article 317: No tax, assessment or contribution of
any kind shall be collected unless it is established by law, and no exemptions,
abatements or other types of tax incentives shall be granted except as provided
for by law. No tax shall have a
confiscatory effect.
No tax
obligations payable in personal services shall be established. Tax evasion may be punished as a criminal
offense, without prejudice to other penalties established by law.
In case of
officials* they shall be punished double.
Every tax
law shall specify the interval that is to lapse before it goes into
effect. In the absence of such
provision, the period shall be understood as being 60 calendar days. This provision shall not restrict the
extraordinary powers to be granted by the National Executive in the cases
provided for by this Constitution.
The
national tax administration shall enjoy technical, operating and financial
autonomy in accordance with legislation approved by the National Assembly, and
its maximum authority shall be designated by the President* of the Republic, in
accordance with the rules laid down in the pertinent law.
Section Three:
National Monetary System
Article 318: The monetary competence of National
Authority shall necessarily be exercised exclusively by the Venezuelan Central
Bank. The fundamental objective of the
Venezuelan Central Bank is to achieve price stability and preserve the internal
and foreign exchange value of the monetary unit. The monetary unit of the Bolivarian Republic of Venezuela is the
Bolívar. In the event a common currency
is instituted within the framework of Latin American and Caribbean integration,
it shall be permissible to adopt the currency provided for by a treaty signed
by the Republic.
The
Venezuelan Central Bank is a public-law juridical person with autonomy to
formulate and implement policies within its sphere of competence. The Venezuelan Central Bank shall
perform its functions in coordination
with general economic policy, in the interest of attaining the higher
objectives of the State and the Nation.
In order to
provide for the adequate attainment of its objective, the functions of the
Venezuelan Central Bank shall include those of formulating and implementing
monetary policy, participating in the design of and implementing foreign
exchange policy, currency regulation, credit and interest rate, administrating
international reserves and any others established by law.
Article 319: The Venezuelan Central Bank shall be
governed by the principle of public responsibility, to which end it shall
render an accounting of its actions, goals and the results of its policies to
the National Assembly, in accordance with law.
It shall also issue periodic reports on the behavior of the country's macroeconomic variables and on any other matters concerning which reports may be requested, including sufficient analysis to permit its evaluation. Failure to meet the objective and goals, without justifiable cause shall result in removal of the Board of Directors and imposition of administrative penalties, in accordance with law.
The
Venezuelan Central Bank shall be subject to oversight after the fact by the
Office of the General Comptroller of the Republic and inspection and
supervision by the public entity that supervises banking, which shall send to
the National Assembly reports on the inspections it conducts. The budget of operating expenses of the
Venezuelan Central Bank shall require discussion and approval by the National
Assembly, and its accounts and balance sheets shall be subjected to independent
audits on such terms as may be established by law.
Section Four:
Article 320: The State shall promote and defend
economic stability, prevent the vulnerability of the economy and see to
monetary and price stability, in order to ensure the welfare of society.
The
ministry responsible for finance and the Venezuelan Central Bank shall
contribute to the harmony between fiscal and monetary policy, thereby
facilitating the attainment of macroeconomic objectives. In performing its functions, the Central
Bank of Venezuela shall not be subject to directives from the National
Executive and shall not be permitted to endorse or finance deficit fiscal
policies.
The
coordinated actions of the National Executive and the Venezuelan Central Bank
shall be achieved through an annual policy agreement which shall establish the
final growth objectives and their repercussion on society, the external balance
of payments and inflation, as regards fiscal, foreign exchange and monetary
policy; as well as the levels of intermediate and instrumental variables
required in order to achieve the aforementioned final objectives. This agreement shall be signed by the
President* of the Venezuelan Central Bank and the head of the ministry
responsible for finance, and shall be made public at the time of approval of
the budget by the National Assembly. It is the responsibility of the signers of
the agreement to see that policy actions are consistent with the
objectives. The aforementioned
agreement shall specify the results expected and the policies and actions designed
to achieve the same. The characteristics
of the annual economic policy agreement and the mechanisms for submitting an
accounting shall be established by law.
Article 321: A macroeconomic stabilization fund shall
be established by law for the purpose of guaranteeing the stability of the
State's expenses at the national, regional and municipal levels, in the face of
fluctuations in ordinary revenues. The
operating rules for this fund shall observe the basic principles of efficiency,
fairness and nondiscrimination as between the public organs contributing
resources to the fund.
TITLE VII
Chapter 1
General Provisions
Article 322: National security is an essential
competence and responsibility of the State, based on the overall development of
the latter, and its defense is the responsibility of all Venezuelans, as well
as of all public and private law natural and juridical persons within the
geographical limits of Venezuela.
Article 323: The National Defense Council is the
highest consultative organ for planning and advising the Public Power as to
matters relating to the overall defense of the Nation, its sovereignty and the
integrity of its geographical space. To
this end, it is also charged with establishing the Nation's strategic
concept. Presided over by the President
of the Republic*, it also includes the Executive Vice-President*, the President
of the National Assembly, the Chief Justice* of the Supreme Tribunal of
Justice, the Chairman* of the Republican Ethic Council and the Ministers* of
Defense, Internal Security, Foreign Relations and Planning, and any others
whose participation may be deemed appropriate.
The pertinent organic law shall determine the organization and
attributions of the National Defense Council.
Article 324: Only the State shall be permitted to
possess and use weapons of war; any such weapons which now exist or are
manufactures in or imported into the country shall become the property of the
Republic, without compensation or proceedings.
The National Armed Forces shall be the institution of competence to
regulate and control, in accordance with the pertinent legislation, the
manufacture, importing, exporting, storage, transit, registration, control,
inspection, marketing, possession and use or other weapons, munitions and
explosives.
Article 325: The National Executive reserves the
right to classify and control disclosure of matters directly relating to the
planning and execution of operations concerning national security, on such
terms as may be established by law.
Chapter II
Principles of National Security
Article 326: National security is based on shared
responsibility between the State and civil society to implement the principles
of independence, democracy, equality, peace, freedom, justice, solidarity,
promotion and conservation of the environment and affirmation of human rights,
as well as on that of progressively meeting the individual and collective needs
of Venezuelans*, based on a sustainable and productive development policy
providing full coverage for the national community. The principle of shared responsibility applies to the economic,
social, political, cultural, geographical, environmental and military spheres.
Article 327: Attention to borders is a priority
matter in the enforcement and application of national security principles. To this end, a border security belt is
established, with width, special economic and social regimes, settlement and
utilization. shall be regulated by law, with special protection for national
parks and other areas under special administrative arrangements, as well as the
habitat of the native people settled in the areas concerned.
Chapter- III
The National Armed Forces
Article 328: The National Armed Forces constitute an
essentially professional institution, with no political orientation, organized
by the State to guarantee the independence and sovereignty of the Nation and
ensure the integrity of its geographical space, through military defense,
cooperation for the purpose of maintaining internal order and active
participation in national development, in accordance with this Constitution and
the law. In performing their functions,
they are at the exclusive service of the Nation, and in no case at the service
of any person or political partisanship.
The pillars on which they are founded are discipline, obedience and
subordination. The National Armed
Forces consist of the Army, the Navy, the Air Force and the National Guard,
which function in an integrated manner within the scope of their competence to
fulfill their mission, with their own overall Social Security system, as
established under the pertinent organic law.
Article 329: The Army, Navy and Air Force have as
their essential responsibility the planning, execution and control of military
operations as required to ensure the defense of the Nation. The National Guard shall cooperate in the
carrying out of these operations, and shall have as its basic responsibility
that of conducting operations as required to maintain internal order within the
country. The National Armed Forces
shall carry out activities of administrative policing and criminal
investigation activities as provided for by law.
Article 330: Members* of the National Armed Forces on
active duty have the right to vote in accordance with law, but are not
permmitted to run for any office filled by popular vote, nor to participate in
acts of political advertising, militancy or proselytizing.
Article 331: Military promotions shall be in
accordance with merit, hierarchy and vacancies. They are the exclusive prerogative of the National Armed Forces,
and shall be regulated by the pertinent law.
Chapter IV
Civilian Security Organs
Article 332: The National Executive, in accordance
with law, to maintain, and restore public order; protect citizens, homes and
families; support the decisions of the competent authorities and ensure the
peaceful enjoyment of constitutional guarantees and rights, shall organize:
(1)
A uniformed national police corps.
(2)
A scientific, criminal and criminological
investigation corps.
(3)
A civilian fire department and emergency management
corps.
(4)
A civil defense and disaster management organization.
Organs of civilian security are of civil nature and shall respect human dignity and human rights, without discrimination of any kind.
The
functions of the civilian security organs constitute a concurrent competence
with those of the States and Municipalities, on the terms established in this
Constitution and the law.
PROTECTION OF THE CONSTITUTION
Chapter 1
Guarantee of the Constitution
Article 333: This Constitution shall not cease to be
in effect if it ceases to be observed due to acts of force or because or repeal
in any manner other than as provided for herein.
In such
eventuality, every citizen*, whether or not vested with official authority, has
a duty to assist in bringing it back into actual effect.
Article 334: All of the judges* of the Republic,
within their respective spheres of competence and in accordance with the
provisions of this Constitution and law, are obligated to ensure the integrity
of the Constitution.
In the
event of incompatibility between the Constitution and a law or other juridical
provision, the provisions of the Constitution shall prevail, being the
responsibility of the courts to rule accordingly in any case, even ex officio.
The
Constitutional Division of the Supreme Tribunal of Justice, as court of
constitutional competence, shall have the exclusive power to declare the
nullity of laws and other acts of organs exercising Public Power which are
issued by way of direct and immediate implementation of the Constitution or
have the status of law.
Article 335: The Supreme Tribunal of Justice shall
guarantee the supremacy and efficacy of constitutional rules and principles; it
shall be the supreme and ultimate interpreter of the Constitution and shall see
to the uniform interpretation and application of the same. Interpretations established by the
Constitutional Division concerning the contents or scope of constitutional
rules and principles are binding on the other division of the Supreme Tribunal
of Justice and on all of the other courts of the Republic.
Article 336: The following are functions of the
Constitutional Division of the Supreme Tribunal of Justice:
(1)
To declare the nullity, in whole or in part, of
national laws and other acts of National Assembly with the force of law, which
are in conflict with this Constitution.
(2)
To declare the nullity, in whole or in part, of state
Constitutions and laws, municipal ordinances and other acts of the deliberating
bodies of the States and Municipalities which are issued by way of direct and
immediate implementation of the Constitution and are in conflict with the same.
(3)
To declare the nullity, in whole or in part, of acts
of the National Executive with the force of law, which are in conflict with
this Constitution.
(4)
To declare the nullity, in whole or in part, of acts
issued by way of direct and immediate implementation of the Constitution by any
other government organ exercising Public Power.
(5)
To verify, at the request of the President* of the Republic
or the National Assembly, the constitutionality of international treaties
signed by the Republic, prior to ratification of the same.
(6)
To review in all cases, even ex officio, the
constitutionality of decree of the President* of the Republic decreeing states
of exception.
(7)
To declare the unconstitutionality of omissions on the
part of the municipal, state, national or legislatures, in failing to
promulgate rules or measures essential to guaranteeing compliance with the
Constitution, or promulgating it in an incomplete manner; and to establish the
time limit and, where necessary, guidelines for correcting the deficiencies.
(8)
To resolve any conflicts existing between different
provisions of law, and declare which of the same must prevail.
(9)
To resolve constitutional controversies arising
between any of the organs of Public Power.
(10)
To review judgments embodying constitutional
protective orders or control on the constitutionality of laws or juridical
rules, handed down by the courts of the Republic, on the terms established by
the pertinent organic law.
(11)
Any other functions established by this Constitution
or by law.
Chapter 11
States of Exception
Article 337: The President* of the Republic, at a
meeting of the Cabinet of Ministers, shall have the power to decree states of
exception. Expressly defined as such
are circumstances of a social, economic, political, natural or ecological
nature which seriously affect the security of the Nation, institutions and
citizens*, in the face of which the powers available to cope with such events
are insufficient. In such case, the
guarantees contained in this Constitution may be temporarily restricted, with
the exception of those relating to the right to life, prohibition of incommunicative
detention or torture, the right to due process, the right to information and
other intangible human rights.
Article 338: A state of alarm may be declared when
catastrophes, public calamities or other similar events occur, seriously
endangering the security of the Nation or its citizens*. Such state of exception shall last for up to
30 days, and may be extended for an additional 30 days.
A state of
economic emergency may be declared when extraordinary economic circumstances
arise, such as to affect seriously the economic life of the Nation; the
duration of this state of emergency shall be 60 days, with the possibility of
extension for the same period.
A state of
internal or external commotion may be declared in the event of an internal or
external conflict seriously endangering the security of the Nation, its
citizens* or its institutions. Such
state of commotion shall last for up to 90 days, and may be extended for an
additional 90 days.
The
National Assembly has the responsibility of the approval for the extension of
the states of exemption. An organic law
shall regulate states of exception and determine the measures that may be
adopted based on them.
Article 339: The Decree declaring a state of
exception, which shall provide for regulating the right whose guarantee is
restricted, shall be submitted within eight days of promulgation for
consideration and approval by the National Assembly, or Delegated Committee and
for a ruling by the Constitutional Division of the Supreme Tribunal or Justice
on its constitutionality. The Decree
must be in compliance with the requirements, principles and guarantees
established in the International Pact on Civil and Political flights and the
American Convention on Human Rights.
The President* of the Republic shall have the power to request its
extension for a similar period, and the Decree shall be revoked by the National
Executive or by the National Assembly or the latter's Delegated Committee prior
to the indicated date of expiration upon cessation of the conditions which
produced them.
The
declaration of a state of exception does not interrupt the functioning of the
organs of the Public Power.
TITLE IX
CONSTITUTIONAL REFORMS
Amendments
Article 340: The purpose of an amendment is to add to
or modify one or more articles of the Constitution, without altering the
fundamental structure of the same.
Article 341: The procedure for adopting amendments to
the Constitution shall be as follows:
(1)
The initiative may emanate from 15% of the citizens*
registered with the Civil and Electoral Registry, from 39% of the members of
the National Assembly or from the President* of the Republic, sitting with the
Cabinet of Ministers.
(2)
When the initiative emanates from the National
Assembly, the amendment shall require approval by a majority of the members of
that body, and shall be debated in accordance with the procedure established
under this Constitution for the enactment of laws.
(3)
Electoral Power shall submit the amendments to a
referendum within 30 days of formally receiving the same.
(4)
Amendments shall be deemed approved in accordance with
the provisions of this Constitution and the law concerning the approval
referendum.
(5)
Amendments shall be numbered consecutively and shall
be published beneath the Constitution without altering the text of the latter,
but with an annotation at the bottom of the amended article(s) of the number
and date of the amendment modifying the same.
Chapter 11
Article 342: The purpose of constitutional reform is
to effect a partial revision of this Constitution and replacement of one or
more of the provisions hereof, without modifying the fundamental principles and
structure of the text of the Constitution.
The initiative for a constitutional reform emanates from the National Assembly, by resolution approved by a majority vote of the members, from the President* of the Republic sitting with the Cabinet of Ministers, or at the request of registered voters constituting at least 15% of the total number registered with the Civil and Electoral Registry.
Article 343: The initiative for a constitution reform
shall be processed by the National Assembly as follows:
(1)
The draft constitutional reform shall be debated for
the first time during the legislative session during which it is submitted.
(2)
Second debate title by title or chapter by chapter, as
applicable.
(3)
Third and last debate article by article.
(4)
The National Assembly shall approve the draft
constitutional reform in a time period no latter than two years, counted since
the date the reform application was submitted and approved.
(5)
The draft constitutional reform shall be approved with
a two third members vote of the National Assembly.
Article 344: Once approved by the National Assembly,
the draft constitutional reform shall be submitted to a referendum within 30
days from its approval. The referendum
shall pass on the reform as a whole, but up to one third of the same may be
voted on separately, if at least one third of the National Assembly so agrees,
or if in the initiative for the reform, the President* of the Republic or a
number of registered voters equivalent to at least 5% of the total registered
with the Civil and Electoral Registry so requests.
Article 345: The constitutional reform shall be
declared approved if the number of affirmative votes is greater than the number
of negative votes. A revised
constitutional reform initiative may not be submitted during the same
constitutional term of office of the National Assembly.
Article
346: The President* of the Republic shall be obligated to promulgate Amendments
and Reforms within ten days of their approval.
If he fails to do so, the applicable provisions of this Constitution
shall apply.
Chapter III
Article 347: The original constituent power rests
with the people of Venezuela. This power
may be exercised by calling a NationaI Constituent Assembly for the purpose of
transforming the State, creating a new juridical order and drawing up a new
Constitution.
Article 348: The initiative for calling a National
Constituent Assembly may emanate from the President* of the Republic sitting
with the Cabinet of Ministers; from the National Assembly, by a two-thirds vote
of its members; from the Municipal Councils in open session, by a two-thirds
vote of their members; and from 15% of the voters registered with the Civil and
Electoral Registry.
Article 349: The President* of the Republic shall not
have the power to object to the new Constitution.
The
existing constituted authorities shall not be permitted to obstruct the
Constituent Assembly in any way.
For
purposes of the promulgation of the new Constitution, the same shall be
published in the Official Gazette of the Republic of Venezuela or in the
Gazette of the Constituent Assembly.
Article 350: The people of Venezuela, true to their
republican tradition and their struggle for independence, peace and freedom,
shall disown any regime, legislation or authority that violates democratic
values, principles and guarantees or encroaches upon human rights.
The
Constitution of the Republic of Venezuela decreed on January 23, 1961 is hereby
derogated. The rest of the juridical
order shall remain in effect to the extent not in conflict with this
Constitution.
First: The special law on the regime for the Capital
District as provided for under article 18 of this Constitution shall be
approved by the National Constituent Assembly, and shall preserve the
territorial integrity of the State of Miranda.
Pending approval of the special law, the regime provided for under the
Organic Law on the Federal District and the Organic Law on the Municipal Regime
shall remain in effect.
Second: Pending enactment of the law provided for under
article 38 of this Constitution concerning the acquisition, election,
renunciation and recovery of nationality, foreign individuals who, having
entered and remained within the national territory legally and declared their
intention of establishing their domicile in Venezuela, have a lawful means of
earning a living and have resided continuously in Venezuela for two years,
shall be regarded as domiciled in Venezuela.
Residence
shall be understood as meaning continuing presence in the country with the
intention of remaining. Declarations of
intent as provided for under articles 32, 33 and 36 of this Constitution shall
be made in the form of an authentic instrument by the interested party, when
the latter is of legal age, or by his legal representative , if he has not yet
reached the age of 21.
Third: The National
Assembly, within six months of its installation, shall pass:
(1)
A partial reform of the Penal Code to include the
offense of forced disappearance of persons, as provided for under article 45 of
this Constitution.
(1)
Pending enactment of this reform, the Inter-American
Convention on the Forced Disappearance of Persons shall apply insofar as
possible.
(2)
An organic law on states of exception.
(3)
A special law to establish the conditions and
characteristics of a special regime for the Municipalities of Jose Antonio Páez
and Rómulo Gallegos, in the State of Apure.
In the process of formulating this law, the opinions of the President*
of the Republic, the National Armed Forces, such representation as may be
designated by the corresponding State and all other institutions involved in
border problems shall be heard.
Fourth: Within one year of installation, the National
Assembly shall approve:
(1)
Legislation on penalties for torture, either in the
form of a special law or by reforming the Penal Code.
(2)
An organic law on refugees* and asylum guarantees, consistent
with the terms of this Constitution and the pertinent international treaties
ratified by Venezuela.
(3)
By reforming the Organic Labor Law, a new regime for
the right of employees regarding severance payments as regulated in article 92
which regime shall provide for severance payments calculated in proportion to
the time served and calculated according with the last salary earned,
establishing a statute of limitation for this right of ten (10) years. Until such reformed law goes into effect,
the seniority benefit arrangement established under the present Organic Labor
Law currently in force shall temporarily remain in effect. Likewise a set of overall standards
regulating the working day and promoting the progressive reduction thereof
shall be included, on the terms contemplated under the International Labor
Organization agreements and conventions signed by the Republic.
(4)
An organic procedural labor law guaranteeing the
functioning of an autonomous and specialized labor jurisdiction and protection
for workers on the terms provided for in this Constitution and the law. The organic labor procedural law shall be
guided by the principles of gratuitous service, expeditiousness, oral
proceedings, immediacy, priority on the reality of the facts, equity and guiding
authority of the judge in the proceedings.
(5)
The legislation relating to the Judicial System,
National Public Administration, Citizen Power, Electoral Power, tax laws,
Budgeting Law, and Public Credit Law.
An organic law on public defense.
Until this law is passed, the Commission on the Functioning and
Restructuring of the Judicial System shall be in charge of the development and
effective functioning of the Autonomous Public Defender System, in order to
guarantee the right to a defense.
(6)
A law developing the public finances of the States,
establishing, in a manner consistent with the principles and rules of this
Constitution, the taxes included in the same, the mechanisms for their
application and the provisions regulating them.
(7)
Legislation developing the constitutional principles
concerning municipal regime. In accordance with such legislation, the
legislative organs of the States shall proceed to pass the normative
instruments appropriate to the organizational powers assigned to them with
respect to the Municipalities and other local organs, and the territorial
political divisions in each jurisdiction.
The existing Municipalities and parishes shall continue existing until
they have been adapted to the new regime provided for under such legislation.
(8)
The law by which the Venezuelan Central Bank is to be
governed. Among other matters, this law
shall provide for the scope of the functions and manner of organization of this
entity; the functions, term of office, manner of election, removal,
incompatibilities, regime and requirements for the designation of its Chairman
and Directors; the accounting rules for establishing its reserves and the
manner in which its profits are to be applied; the annual independent audit of
accounts and balances by firms of specialists selected by the National
Executive and subsequent control by the Office of the General Comptroller of
the Republic regarding the legality, sincerity, opportunity, efficacy and
efficiency of the administrative activity of the Venezuelan Central Bank.
The law shall provide the Chairman* and other members* of the Board of Directors of the Venezuelan Central Bank shall represent exclusively the national interest, to which end it shall provide for public proceedings to evaluate the merits and credentials of candidates for the aforementioned positions.
The law shall provide that the Executive Power shall have the power to designate no less than half of the Directors as well as the Chairman of the Venezuelan Central Bank, and shall establish the terms for participation by the Legislative Power in the designation and ratification of these authorities.
(9)
A law of national police corp. This law shall establish the mechanism for
the integration of terrestrial transport and transit vigilance to the national
police corps.
Fifth: Within one year of the effective date of this
Constitution, the National
Assembly
shall enact a reformed Organic Tax Code establishing, among other matters:
(1)
Strict interpretation of tax laws and rules, bearing
in mind their purpose and their economic significance, in order to eliminate
ambiguities.
(2)
The elimination of exceptions to the principle of
nonretroactivity of the law.
(3)
Expansion of the concept of imputed income, in order
to provide the Tax Administration with better instruments.
(4)
Elimination of the statute of limitations for serious
tax offenses, which must be defined in the Organic Tax Code.
(5)
Increase penalties for advisors, law firms,
independent auditors and other professionals who act in complicity for the
purpose of committing tax offenses, including periods of suspension from the
practice of their professions.
(6)
Increase penalties and the severity of the sanctions
for tax evasion crimes increasing the periods for the statute of limitations.
(7)
Revision of mitigating and aggravating circumstances
considered in imposing penalties, in order to make them stricter.
(8)
Extend the audit powers of the Tax Administration.
(9)
Increase the rate of default interest in order to
discourage tax evasion.
(10)
Extension of the principle of solidarity to make it
possible to reach the assets of Directors* or tax advisors* in cases they
validate tax offenses.
(11)
Introduction of more expeditious administrative
procedures.
Sixth: Within two
years, the National Assembly shall pass legislation on all matter relating to
this Constitution. Priority shall be
given to the Organic Laws on Native People, on Education, and on Borders.
Seventh: For purposes of article 125 of this Constitution,
pending approval of the pertinent organic law, the election of native
representatives* to the National Assembly and the State and Municipal
Legislative Councils shall be governed by the following nomination requirements
and mechanisms:
All native
organizations or communities shall have the right to nominate native
candidates.
It is a requirement for being a candidate to speak their native language and meet at least one of the following conditions:
(1)
Have exercised position of traditional Authority in
the correspondent community.
(2)
Have an established record in the social struggle for
recognition of the correspondent cultural identity.
(3)
Have taken action benefiting native people and
communities.
(4)
Must belong to a legally constituted native
organization that has been in existence for at least three years.
Three
regions are to be established: West, consisting of the States of Zulia, Mérida
and Trujillo; South, consisting of the States of Amazonas and Apure; and East,
consisting of the States of Bolívar, Delta Amacuro, Monagas, Anzoátegui, and
Sucre.
Each of the
states comprising the various regions shall elect one representative. The national Electoral Council shall declare
elected the candidate who receives a majority of the valid votes in his region
or circumscription.
The native
candidates shall appear on the ballot in their State or circumscription, and
all of the voters in such State shall have the right to vote for them.
For
purposes of native representation on the State Legislative Council and on the
Municipal Councils of Municipalities with a native population, the 1992
official census by the Central Statistics and Data Processing Office shall be
used as a reference, and the elections shall be conducted in accordance with
the rules and requirements established herein.
The
National Electoral Council shall guarantee compliance with the requirements set
forth herein, relying on support from experts in native affairs and native
organizations.
Eighth: Pending promulgation of the new electoral laws
contemplated in this Constitution, electoral processes shall be called,
organized, directed and supervised by the National Electoral Council. For the first term of office of the National
Electoral Council provided for under this Constitution, all of the members
shall be designated simultaneously.
halfway through the term, two of the members shall be replaced in.
accordance with the provisions of the pertinent organic law.
Ninth: Pending enactment of the laws pertaining to chapter
IV of title V, the Organic Law on the Office of Public Prosecutions and the
Organic Law on the Office of the General Comptroller of the Republic shall
remain in effect. The head of the
People Defender's Office shall be designated temporarily by the National
Constituent Assembly. The People
Defender* shall move forward as regards organizational structure, integration,
establishing of budget and physical infrastructure, based on the powers vested
in him by the Constitution.
Tenth: The provisions of article 167, section 4 of this
Constitution concerning the obligation of the States to apply at least 50% of
the constitutional revenue share to investment, shall be effective beginning
January 1, 2001.
Eleventh: Pending enactment of national legislation governing
vacant lands, the same shall continue to be administered by the National Power,
in accordance with existing legislation.
Twelfth: The demarcation of the native habitat as referred to
in Article 119 of this Constitution, shall be carried out within two years of
the effective date of this Constitution.
Thirteenth: Until the States assume under State law
the powers referred to under article 164, section 7 of this Constitution, the
existing system shall remain in effect.
Fourteenth: Pending enactment of the legislation
developing the principles embodied in this Constitution concerning municipal
regime, the ordinances and other normative instruments concerning
municipalities shall remain in full effect as to the matters within their
competence and the separate tax competence they possess under the legal order
applicable prior to adoption of this Constitution.
Fifteenth: Pending passage of the legislation
referred to in article 105 of the Constitution, the legal order applicable
prior to adoption of this Constitution shall remain in effect.
Sixteenth: In
order to protect the nation's historical heritage, the Chronicler of the
National Constituent Assembly shall coordinate all necessary mechanisms to
safeguard written documents, videos, digital recordings, photographs,
periodicals, audio and any other forms of documentation prepared. All these documents shall remain under the
protection of the General Archives of the Nation.
Seventeenth: Once
this Constitution has been approved, the name of the Republic shall be
"Bolivarian Republic of Venezuela," as provided for under article 1.
It is the obligation of authorities and institutions, both public and private,
which are required to issue records, certificates or any other documents, to
use the name "Bolivarian Republic of Venezuela" effective
immediately. For routine matters,
administrative offices shall use up their existing stationery, replacing the
same progressively with conforming documentation, but in any case completing
such replacement within five years. The
circulation of coins minted and banknotes issued with the name "Republic
of Venezuela" shall be regulated by the reform of the Venezuelan Central
Bank Law contemplated under the Fourth Temporary Provision of this
Constitution, with a view to make the transition to the name "Bolivarian
Republic of Venezuela."
Eighteenth: In
order to assure the application of article 113 of this Constitution, the
National Assembly shall pass a law establishing an entity which shall
supervise, control and fiscalize the effective application of such principles
and the provision and rules developing them.
The person presiding or directing such entity shall be appointed with the majority of the votes of the members* of the National Assembly, with the favorable report of special commission designated from the bosom of the National Assembly for such purposes. The law shall establish the officer of the Public Administration and Judges* in charge of evaluating and deciding controversies related to the subjects referred to under such arrangement, apply with priority and exclusive the principles regulated thereof and that they shall not apply any provision which may cause the opposite effect.
The law
shall regulate the concessions for public services, the benefits for the
concessionaire* and the financing of investments closely related to such public
service, including upgrades and enlargement considered reasonably and approved
by the competent authority.