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Concerning the Organization of the State
TITLE V CONCERNING THE ORGANIZATION OF THE STATE
CHAPTER 1 CONCERNING THE STRUCTURE OF THE STATE
Article 113
The branches of government are the legislative, the executive, and the judiciary. In addition to the organs which constitute them, there are others, autonomous and independent, for the execution of other functions of the state. The various organs of the state have separate functions but cooperate harmoniously for the realization of their goals.
Article 114
It is the responsibility of the Congress of the Republic to amend the Constitution, pass laws, and exercise political control over the government and the public administration. The Congress of the Republic will be composed of the Senate and the Chamber of Representatives.
Article 115
The President of the Republic is the chief of state, head of government, and supreme administrative authority.
The national government is composed of the President of the Republic, the Cabinet ministers, and the directors of administrative departments.
The President and the minister or director of the appropriate department represent the government on any particular issue.
No act of the President, except the appointment and dismissal of ministers and directors of administrative departments and those acts decreed in his capacity as head of state and supreme administrative authority, will have any value or force whatever as long as it is not countersigned and communicated by the minister of the respective office or by the director of the appropriate administrative department who, by virtue thereof, become responsible for same.
Govern orates and mayoral ties as well as the superintendence (superintendencias), public establishments, and industrial or commercial enterprises of the state are part of the executive branch.
Article 116
The Constitutional Court, the Supreme Court of Justice, the Council of State, the Superior Council of the Judicature, the Office of the General Prosecutor (Fiscala General de la Nacin), the courts, and judges all administer justice.
The military criminal justice system also administers justice. The Congress will exercise specific judicial functions. Exceptionally, the law may assign jurisdiction of specific subject areas to specified administrative authorities. However, they will not be allowed to hold hearings of civil law proceedings nor penal proceedings. Individuals may be invested on a temporary basis with the function of administering justice as mediators or as qualified arbitrators by the parties involved to hand down verdicts whether at law or in equity, within the limits determined by law.
Article 117
The Public Ministry and the Office of the Comptroller General of the Republic are supervisory agencies.
Article 118
The Public Ministry will be made up of the National Attorney General, the Ombudsman, the assigned public prosecutors, and the agents of the Public Ministry before the legal authorities, as well as by municipal representatives and other officials determined by the law. It is the responsibility of the Public Ministry to defend and promote human rights, to protect the public interest, and to oversee the official conduct of those who perform public functions.
Article 119
The Office of the Comptroller General of the Republic has the duty to oversee fiscal management and to control administrative performance.
Article 120
The electoral organization consists of the National Electoral Council, the Office of the National Registrar of Civil Status, and of the other organs established by law. It is responsible for the organization of elections, their direction and supervision, as well its matters relating to personal identification.
Article 121
No authority of the state may exercise functions different from those assigned to it by the Constitution and the law.
CHAPTER 2 CONCERNING THE CIVIL SERVICE
Article 122
Every public position will have its duties determined by law or regulation.
Remunerated positions must be included in the respective work plan and their payment provided for in the corresponding budget Omitted article.
No public servant will occupy his position without swearing to comply with and defend the Constitution and fulfill his duties. Before occupying his position, upon retirement from it, or when requested to vacate it by a competent authority, he will declare the total of his goods and income under oath.
Such declaration may only be used for the purposes stated under the rules governing public employees. Without prejudice to any other sanctions established by law, every public servant who is criminally charged with an offence against the public treasury is disqualified from occupying public office.
Article 123
The members of public entities, employees and workers of the state and of their territorially decentralized branches and service branches are public servants.
Public servants are in the service of the state and of the community; they will perform their functions in the form prescribed by the Constitution, laws, mid regulations.
The law will determine the regime applicable to individuals who fulfill public functions temporarily and will regulate the exercise of their functions.
Article 124
The law will determine the responsibility of public servants and the manner to make it effective.
Article 125
Employees in the organs and entities of the state are career civil servants. Those popularly elected, those who are freely appointed and dismissed, those of official workers, and others determined by law are excepted.
The officials whose system of appointment has not been determined by the Constitution or the law will be appointed on the basis of a public competitive examination.
Entry to career positions and promotion in same will be made after fulfilling the requirements and conditions determined by the law to ascertain the merits and qualifications of the applicants.
Termination will occur for unsatisfactory performance on the job, for violation of the disciplinary code, and for other causes prescribed in the Constitution or the laws. In no case may the political affiliation of citizens determine their appointment to a career position, their promotion, or their termination.
Article 126
Public servants may not appoint as employees individuals to whom they are related up to the fourth level of consanguinity, affinity two ranks removed, or one rank removed in civil law, or with whom they are bound through marriage or permanent union.
Neither may they designate individuals related in like manner to public servants who are in a position to intervene in their designation. Excepted from what is prescribed in this article are those appointments that are made in application of existing regulations relating to entry or promotion through merit.
Article 127
Public servants may not enter into, on their own or through inter mediating individuals or in representation of another, any contract with public entities or private individuals who handle or administer public funds, except when legal exceptions apply.
All state employees and employees of decentralized institutions which exercise civil or political authority, employees which exercise administrative positions or which hold judicial, electoral, or control positions, are prohibited from participating in partisan activities or in political debates, without prejudice to their right to freely exercise their right to vote.
All public employees not included in this prohibition may participate in such activities in accordance with the conditions established by law. Use of employment in a position to pressure any citizen to support a political cause or campaign constitutes misconduct.
Article 128
No one may hold simultaneously more than one public position nor receive more than one salary originating from the public treasury, or from enterprises or institutions in which the state is a majority owner, except in cases expressly determined by the law. Public treasury means that of the nation, that of the territorial entities, or that of the decentralized entities.
Article 129
Public servants are not entitled to accept positions, honors, or compensation from foreign governments or international organizations or enter into contracts with them without prior authorization from the governments or international organizations or enter into contracts with them without prior authorization from the government.
Article 130
There will be a National Civil Service Commission responsible for the administration and supervision of the careers of public servants, except for those in a special category.
Article 131
It is incumbent on the law to regulate the duties performed by the Notary Public and Registrars, the definition of the labor regime for their employees, and the system of levies of the Notary Public for the purpose of the administration of justice. Appointment to the status of Notary Public will be effected on the basis of a competitive examination. It is the responsibility of the government to create, eliminate, and merge the offices of Notary Public and Registrar and to determine the number of notaries and registry offices. |
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