Constitution of Colombia Part Ix

The law may establish a special district to ensure participation in the House of Representatives of ethnic and political minorities and Colombians abroad. Through this division, shall be able to choose up to five (5) Representatives. PAR? GRAFO transient. The Congress shall regulate the international constituency no later than December 16, 2005, otherwise, will the Government within fifteen (15) days of that date, include inter alia: the registration of candidates, registration of citizens eligible to vote abroad, mechanisms to promote participation and completion of counting of votes through the consulates and state funding for visits abroad by the elected representative. (Amended by Decree 617 of March 7, 2005 and Decree 2545 of 2005) Article 177. To be elected representative must be a citizen in good standing and have over twenty years of age on the date of the election. ARTICLE 178. The House of Representatives shall have the following special powers: Choosing the Ombudsman. Examine and pass away the general account budget and treasury to report by the Comptroller General of the Republic.

Charges before the Senate when any constitutional causes, the President of the Republic or whoever replaces him, the judges of the Supreme Court of Justice of the Constitutional Court and the Council of State, Members of the Higher Judicial Council, the Attorney General's Office, the Attorney General's Office and the Comptroller General of the Republic. Hear complaints and grievances submitted to it by the Attorney General's Office or by individuals before the officials said, and if merit pay, basing some of accusation before the Senate. Require the assistance of other authorities for the development of research within its competence, and commission for taking evidence as it deems advisable. (Amended by Decree 1500 of 2002) Chapter VI - Congress Article 179. Congress may not be: Who have been convicted at any time by court of law, deprivation of liberty, except for political crimes or negligence. Those who have served as civil servants, political jurisdiction or authority, civil, administrative or military, within twelve months preceding the date of the election.

Those who have been involved in business management with public entities, or contracts with them and interest, or third, or have been legal representatives of entities that administer taxes or quasi-tax contributions, within six months prior to the date of the election. Those who have lost the inv estidura of congressman, deputy, councilman or mayor. Those with ties of marriage or permanent union, kinship or consanguinity, affinity one, or only civilian, officials exercising civil or political authority. Those linked by marriage or permanent union or kinship within the third degree of consanguinity or second of affinity or first civil, and be registered by the same party, movement or group for election of officers, or members of corporations to be made public on the same date. Those with dual citizenship, except for the Colombian by birth. No one shall be elected for more than a corporation or public office or for a corporation and a charge if the respective periods overlap in time, and it is partly. The waiver of any of them does not eliminate the inhabilidad.PAR? GRAFO transient.

The provisions of paragraph 8 of this Article shall not apply to those who had resigned before the term of this legislation. The disqualifications provided in paragraphs 2, 3, 5 and 6 refer to situations that occur in the district in which the respective choice to be made. The law will regulate the other cases of disqualification by kinship, with the authorities not covered by these provisions. For purposes of this section is considered to coincide with the national constituency each territory, except for the inability contained in section 5. (Amended by Decree 99 of 2003 - Amendments to paragraphs 2.3 and 4) (Amended by Legislative Act No. 1 of 2003 - Amendment to paragraph 8) Article 180. The Congress shall not: hold office or public or private employment, except for charges of the office of minister or ambassador, to which must give up his investiture Congressman. Manage on behalf of itself or others, matters before the public or to the people who administer taxes, be empowered to them, celebrate with them, either personally or through an intermediary, a contract. The law establishes exceptions to this provision.

Being a member of boards or boards of decentralized government entities at any level or institutions that administer taxes. Contracts or make arrangements with individuals or private legal entities that administer, manage or invest public funds or are contractors or grantees of the state of it. An exception is the acquisition of goods or services offered to citizens on an equal footing. Participate, under any circumstances, individually or collectively, in the administrative functions of Congress, except for the conformation of its Legislative Work Unit. The technical and administrative services of the legislative chambers will be in charge of a public or private entity, to perform his duties with complete independence, as required under ley.PAR? GRAFO 1st. An exception of incompatibilities exercising university professor and the performance of the positions of Minister and Ambassador Dispatch. If a Congressman is appointed in one of these charges, that condition shall cease for the remainder of the respective constitutional period, provided that there office. (Amended by Decree 1718 of 2001) PARAGRAPH 2nd. The officer in contravention of this section, appoint a Congressman for a job or position or hold him or accept a contract to act as manager on behalf of itself or third parties incur misconduct.

(Amended by Law 796 of 2003 - Adding numeral 5 / Amended by Decree 99 of 2003 - amendment number 1) Article 181. The incompatibilities of the Congress will be in effect during the constitutional period in question. In case of resignation, shall continue for a year following its acceptance, if the time who fails to expiration of the period is over. Who is called to fill the position, will be subjected to the same system of disqualifications and incompatibilities from their possession. ARTICLE 182. Lawmakers must inform the respective chamber situations moral or economic nature that inhibit to participate in the disposition of matters under consideration. The law shall determine matters relating to conflicts of interests and challenges. When the Congress Plenary vote in committee or Legislative Acts there shall be no conflict of interest. Nor will there be when you vote a law that calls for a referendum or a constituent assembly to amend the Constitution. (Amended by Decree 1500 of 2002) Article 183. Members of Congress, deputies, councilors and other popularly elected member corporation will lose their investiture: For violation of the system of disqualifications and incompatibilities, or the regime of conflict of interest.

In the absence without just cause in the same regular session, six (6) plenary meetings, or by its Constitutional Commission, which have been cited to vote draft legislation, law, ordinance, agreement, motions censorship, or election of officers. In the case of the Assemblies and Councils concerning their commissions. Not to take office within eight (8) days from the date of installation of the respective corporation, or the date they were called to pos ession. For improper destination of public funds. For influence peddling duly proven. For violating the rules on financing of election campaigns, to negotiate votes, or by participating in electoral transhumance practices. On hold or execute any agreement which has been aimed at the entry to the Corporation of his or replace them, or claim as a reason to withdraw from the absolute incapacity or resignation is proved unjustified. If the endowment will lose agreements the parties involved. To manage or accept aid from public funds, anyone who had been their form of approval or implementation.

PAR? GRAFO 1st. Public servants who provide fees or bureaucratic patronage to one or more council members or Congress in exchange for approval of a draft legislative act or law, ordinance or agreement shall be sanctioned by a very serious offense that carries job loss. PAR? GRAFO 2nd. The law shall regulate the grounds of loss of investiture of the members of the public corporations, to ensure the principles of proportionality, legality, due process and guilt. Also, determine the procedure to process and arrange for a qualified majority to impose the sanction and graduation, according to the principle of proportionality. This provision shall not apply retroactively. Is empowered to the President of the Republic for which, within a period of 90 days from the effective date of this constitutional reform by decree with force of law, adopt the provisions of this Article. PAR? GRAFO 3o. Public servants who provide fees or bureaucratic perks a congressman, deputy, or council, in exchange for approval of a draft legislative act, statute, ordinance, or agreement, is a very serious offense punishable by loss of employment. (Article amended by Act 796 of 2003 - amended sections 2, 3, 6 and 7, paragraph 2 and paragraph added 3) Article amended by Decree 99 of 2003 - adding paragraph 8 and paragraphs 1 and 2 / ARTICLE 184.

The loss of investiture will be enacted by the Council of State Electoral Division in the first instance and second Plenary Council, in a period not exceeding ninety (90) working days from the request made by the Board of either house or by any citizen. The law shall specify the procedure for dealing with observance of due process and adjust the length of the sanction in guaranteeing the principle of proportionality. (Article amended by Decree 1500 of 2002) Article 185. The Congress shall be inviolable for the opinions and votes cast in the exercise of office, subject to the disciplinary rules contained in the respective regulations. ARTICLE 186. Of the crimes committed by Congress as an investigator and prosecutor know the Attorney General's Office as requested by the Criminal Chamber of the Supreme Court in accordance with the law, through Mr. Attorney General or his delegate to the Court and as a judge at first instance the Criminal Chamber of the Supreme Court and on appeal the Plenary Chamber of the Supreme Court. (Article amended by Decree 1500 of 2002) Article 187.

The allocation of members of Congress will be adjusted annually in proportion equal to the weighted average of changes in the remuneration of the central administration server as certified for that purpose issued by the Comptroller General of the Republic. Since the enactment of this constitutional reform, the person becomes entitled to retirement can not r received from resources of a public nature, a pension than twenty-five (25) current legal monthly minimum wage. Exceptions are those who have acquired rights and who are covered by pension schemes and special exception. The validity of the exempt pension schemes, special, or from national standards and agreements of any nature, will expire on December 31, 2007, except the pension system of the Presidents of the Republic that will be effective from the date of entry this constitutional reform. The transition regime is regulated by the law of the General Pension System. The requirements and pension benefits for all people, from the enactment of this constitutional reform, with the previous temporary exemptions, are set out in the law of the General Pension System.

Provision can not be pronounced or invoked national agreements of any kind, to deviate from the established there. With the exceptions in the law of the General Pension System, from the enactment of this constitutional amendment will not recognize old age or retirement pensions to persons under 55 years of age. The Pensions Act order the review of pensions enacted without complying with legal requirements or abuse of rights. From 1 January 2005 to December 2006, will not increase salaries and pensions of public servants, or those whose salaries and pensions are paid with public funds, both when they earn more than five (25) current legal monthly minimum wage. Excluded from this provision the legal regime for members of the Armed Forces. (By Law 796 of Mdificado 2003) TITLE VII - EJECUTIVACAPITULO BRANCH I - THE PRESIDENT OF THE REPUBLIC Article 188. The President symbolizes national unity and the oath of compliance with the Constitution and laws, it undertakes to guarantee the rights and freedoms of all Colombians.

ARTICLE 189. The President of the Republic as Head of State, Head of Government and supreme administrative authority, appoint and remove freely the Cabinet Ministers and Directors of Administrative Departments. Manage international relations. To appoint the diplomatic and consular agents, to receive the respective agents and celebrate with other States and entities of international law treaties or agreements that are subject to the approval of Congress. Directing the police and have her as Supreme Commander of the Armed Forces of the Republic. Keep in the whole public order and restore it where it has been disturbed. Conducting military operations when appropriate. Provide external security of the Republic, defending the independence and honor of the nation and the inviolability of the territory, declaring war with the permission of the Senate, or do without such authorization to repel foreign aggression, and to agree and ratify treaties peace, all of which give immediate notice to Congress. Allow, in recess of the Senate, after consulting the State Council, the transit of foreign troops through the territory of the Republic. Install and close the sessions of Congress in each legislature.

Punishment by law. Enact the laws, obey and ensure strict compliance. Exercise regulatory authority by issuing decrees, resolutions and orders necessary for the execution of the laws fulfilled. Submit a report to Congress at the beginning of each term, the acts of the Administration on the implementation of plans and programs of economic and social development, and the projects that the Government intends to advance during the term of the new legislature. Appoint the chairmen, directors or managers of national public institutions and persons who are to carry out domestic jobs which provision is not applicable or not competitive with other officials or corporations under the Constitution or the law. In any case, the Government has the power to appoint and remove freely to their agents. Create, merge or delete, according to law, the jobs that demand the central government, pointing out its special functions and fix their salaries and emoluments. The government may not create, under the Treasury obligations that exceed the total amount allocated to the respective service in the initial appropriations bill. Eliminate or merge entities or national administrative bodies in accordance with the law.

Modify the structure of the ministries, administrative departments and other institutions or administrative bodies, subject to general principles and rules defined by the law. Distribute business according to its nature, between ministries, administrative departments and public institutions. Grant permission to national public employees, upon request, to accept a temporary basis, charges or grants from foreign governments. Confer degrees to members of the armed forces and submit for approval by the Senate that apply in accordance with Article 173. Ensure strict collection and administration of revenues and public funds and order their investment in accordance with the laws. Inspect and monitor the teaching in conformity with the law. Inspect and monitor the provision of public services. Enter into contracts that apply to you subject to the Constitution and the law. Exercise, according to the law, inspection, supervision and control over persons engaged in financial, securities, insurance, and any other related to the management, use or investment of funds raised from the public. Also, on co-operative entities and corporations. Organizing the Public Credit, the national debt and arrange for its service, modify the tariffs, rates and other provisions relating to the customs regime, to regulate foreign trade, and to exercise intervention in financial activities, securities, insurance and other related management, and investment of resources from third parties save in accordance with the law.

Inspect and surveillance of institutions of public utility for their incomes are maintained and properly applied and that in all essentials compliance with the will of the founders. Patent granted temporary rights to the authors of useful inventions or improvements in accordance with the law. Issue letters of naturalization, according to the ley.ARTICULO 190. The President is elected for a term of four years, half plus one of votes, by secret and direct deposit at the time citizens and with the formalities prescribed by law. If no candidate obtains such a majority, will hold a new election to be held three weeks later, which involved only the two candidates who received the most votes. Will be declared President who obtains the highest number of votes. In case of death or permanent disability of one of the two candidates with the most votes, his party or political movement may register a new candidate for the second round. If not or if the lack is due to other causes, will replace him who has obtained the third ballot, and so in succession, in descending order.

If the foul is produjese advance less than two weeks of the second round, it will be postponed for two weeks. ARTICLE 191. To be President of the Republic must be Colombian by birth, citizenship rights and more than thirty years. ARTICLE 192. The President will assume his destiny before Congress and sworn in these terms: "I swear to God and the people promise to obey the Constitution and laws of Colombia." If for any reason the President is unable to take possession before Congress, will the Supreme Court of Justice or, failing that, before two witnesses. ARTICLE 193. The Senate granted permission to the President of the Republic to separate temporarily from office. Because of illness, the President can stop doing the job, as long as necessary, by notice to the Senate or, in this recess, the Supreme Court. ARTICLE 194. Are absence of the President's death, his resignation accepted, decreed by a court dismissal, permanent physical disability and the abandonment of office, declared the latter two by the Senate.

They are temporary absences and sickness leave in accordance with the preceding article and suspension in his tenure enacted by the Senate, after public admission of the allegation as provided in paragraph one of Article 175. ARTICLE 195. The Executive Manager will have the same privileges and the same powers as the President, which sometimes does. ARTICLE 196. The President, or his substitute, may not be transferred into foreign territory during his tenure, without notice to the Senate or, in this recess, the Supreme Court. Violation of this provision implies abandonment of office. The President of the Republic, or who has occupied the presidency by way of charge, you can not leave the country within the year following the date on which it ceased in the exercise of their duties, without prior permission of the Senate. When the President moves into foreign territory in the exercise of his office, the Minister who is first in the order of legal precedence, exercise at your own risk constitutional functions delegated by the President, both those that are specific as it exercises in its capacity as Head of Government.

The Minister delegatee belong to the same political party or movement of the President. ARTICLE 197. No one shall be elected to the Presidency of the Republic for more than two periods. May not be elected President or Vice President who have incurred in any of the grounds of disability set forth in paragraphs 1, 4 and 7 of Article 179, neither the citizen a year before the election is held any of the following charges : Minister, Director of Administrative Department, Judge of the Supreme Court, Constitutional Court, Council of State, the Supreme Judicial Council or the National Electoral Council, Attorney General's Office, Ombudsman, Comptroller General's Office, Attorney General's Office, National Registrar of Civil Status of the Armed Forces Commanders, Director General of the Police Department or the Governor of Mayors. PAR? GRAFO transient. Who exercises or has exercised the Presidency of the Republic before the effective date of this legislation can only be elected for a new presidential term. (Article amended by Decree 2310 of 2004) Article 198. The President of the Republic or whoever replaces him will be responsible for their acts or omissions that violate the Constitution or laws.

ARTICLE 199. The President of the Republic, during the period for which elected, or one who is in charge of the Presidency, can not be prosecuted or tried for crimes, but under charge of the House of Representatives and when the Senate has declared that there are grounds for prosecution.