ORGANIZATION OF NATIONAL PUBLIC AUTHORITY

Chapter I

National Legislative Power

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 Vice-Presidents, 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.

Section Three: Deputies of the National Assembly

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.

Section Four: Passage of Laws

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 II

National Executive Power

Section One: President of the Republic

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.

Section Three: Executive Vice- President

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.

Section Four: Ministers and the Cabinet of Ministers

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.

Section Six: Council of State

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 System

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 schools´ 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.