Higher Bodies of People's Power

CHAPTER X HIGHER BODIES OF PEOPLE'S POWER

ARTICLE 69

The National Assembly of People's Power is the supreme body of state power and represents and expresses the sovereign will of all the people.

ARTICLE 70

The National Assembly of People's Power is the only body in the Republic invested with constituent and legislative authority.

ARTICLE 71

The National Assembly of People's Power is comprised of deputies elected by free, direct and secret vote, in the proportion and according to the procedure established by law.

ARTICLE 72

The National Assembly of People's Power is elected for a period of five years.

The period can only extended by virtue of a resolution of the Assembly itself in the event of war or in the case of other exceptional circumstances that may impede the normal holding of elections and while such circumstances exist.

ARTICLE 73

The National Assembly of People's Power, on meeting for a new legislature, elects from among its deputies its president, vice president and secretary. The law regulates the manner and procedure in which the Assembly is constituted and carries out this election.

ARTICLE 74

The National Assembly of People's Power elects, from among its deputies, the Council of State, which consists of one president, one first vice president, five vice presidents, one secretary and 23 other members.

The president of the Council of State is, at the same time, the head of state and head of government.

The Council of State is accountable for its action to the National Assembly of Peoples Power, to which it must render accounts of all its activities.

ARTICLE 75

The National Assembly of People's Power is invested with the following powers:
  1. deciding on reforms to the Constitution according to that established in ARTICLE 137;
  2. approving, modifying and annulling laws after consulting with the people when it is considered necessary in view of the nature of the law in question;
  3. deciding on the constitutionality of laws, decree-laws, decrees and all other general provisions;
  4. revoking in total or in part the decree-laws issued by the Council of State;
  5. discussing and approving the national plans for economic and social development;
  6. discussing and approving the state budget;
  7. approving the principles of the system for planning and the management of the national economy;
  8. approving the monetary and credit system;
  9. approving the general outlines of foreign and domestic policy;
  10. declaring a state of war in the event of military aggression and approving peace treaties;
  11. establishing and modifying the political-administrative division of the country pursuant to that established in ARTICLE 102;
  12. electing the president, vice president and secretary of the National Assembly;
  13. electing the president, the first vice president, the vice presidents, the secretary, and the other members of the Council of State;
  14. approving, at the initiative of the president of the Council of State, the first vice president, the vice presidents and the other members of the Council of Ministers;
  15. electing the president, vice presidents and other judges of the Peoples Supreme Court;
  16. electing the attorney general and the deputy attorney generals of the Republic;
  17. appointing permanent and temporary commissions;
  18. revoking the election or appointment of those persons elected or appointed by it;
  19. exercising the highest supervision over state and government bodies;
  20. keeping informed and evaluating and adopting pertinent decisions on the reports on the rendering of accounts submitted by the Council of State, the Council of Ministers, the People's Supreme Court, the Office of the Attorney General of the Republic and the Provincial Assemblies of Peoples Power.
  21. revoking those provisions or decree-laws of the Council of State and the decrees or resolutions of the Council of Ministers which are contrary to the Constitution or the law;
  22. revoking or modifying those resolutions or provisions of the local bodies of People's Power which encroach on the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher body, or those which are detrimental to the interests of other localities or the general interests of the nation;
  23. granting amnesty;
  24. calling for the holding of a referendum in those cases provided by the Constitution and others which the Assembly considers pertinent;
  25. establishing its ruler and regulations;
  26. all other powers invested by this Constitution.

ARTICLE 76

All laws and resolutions of the National Assembly or Peoples Power, barring those in relation to reforms in the Constitution, are adopted by a simple majority vote.

ARTICLE 77

All laws approved by the National Assembly of People's Power go into effect on the date determined by those laws in each case.
Laws, decree-laws, decrees and resolutions, regulations and other general provisions of the national state bodies are published in the Official Gazette of the Republic.

ARTICLE 78

The National Assembly of People Power holds two regular sessions a year and a special session when requested by one third of the membership or when called by the Council of State.

ARTICLE 79

More than half of the total number of deputies must be present for a session of the National Assembly of People Power to be held.

ARTICLE 80

All sessions of the National Assembly of People's Power are public, excepting when the Assembly resolves to hold a closed-door session on the grounds of state interest.

ARTICLE 81

The president of the National Assembly of People's Power is invested with the power to:
  1. preside over the sessions of the National Assembly and see to it that its regulations are put into effect;
  2. call the regular sessions of the National Assembly;
  3. propose the draft agenda for the sessions of the National Assembly;
  4. sign and order the publication in the Official Gazette of the Republic of the laws and resolutions adopted by the National Assembly;
  5. organize the international relations of the National Assembly;
  6. conduct and organize the work of the permanent and temporary commissions appointed by the National Assembly;
  7. attend the meeting of the Council of State;
  8. all other powers assigned to him by this Constitution or the National Assembly of People Power.

ARTICLE 82

The status of deputy does not entail personal privileges or economic benefits of any kind.

During the period in which they carry out their activities, the deputies receive the same salary as in their workplace and maintain their links with it, for all purposes.

ARTICLE 83

No deputy to the National Assembly of People's Power may be arrested or placed on trial without the authorization of the Assembly or the Council of State if the Assembly is not in session  except in cases of flagrant offenses.

ARTICLE 84

It is the duty of the deputies to the National Assembly of People'' Power to exercises their duties in benefit of the people'' interests, stay in contact with their electors, listen to their problems, suggestions and criticism, and explain the policy of the state. They will also render account to them of the results of their activities, as prescribed by law.

ARTICLE 85

The mandate of the deputies to the National Assembly of People Power may be revoked at any time, in the ways and for the causes prescribed by law.

ARTICLE 86

The deputies to the National Assembly of People Power have the right to make inquiries to the Council of State, the Council of Ministers or the members of either and to have these inquiries answered during the course of the same session or at the next session.

ARTICLE 87

It is the duty of all state bodies and enterprises to provide all necessary cooperation to the deputies in the discharge of their duties.

ARTICLE 88

The proposal of laws is the responsibility of:
  1. the deputies to the National of People Power;
  2. the Council of State;
  3. the Council of Ministers;
  4. the commissions of the National Assembly of People Power;
  5. the Central Organization of Cuban Trade Unions and the national offices of the other social and mass organizations;
  6. the People's Supreme Court, in matters related to the administration of justice;
  7. the Office of the Attorney General of the Republic, in maters within its jurisdiction;
  8. the citizens. In this case it is an indispensable prerequisite that the proposal be made by at least 10 000 citizens who are eligible to vote.

ARTICLE 89

The Council of State is the body of the National Assembly of People Power that represents it in the period between sessions, puts its resolutions into effect and complies with all the other duties assigned by the Constitution.
It is collegiate and for national and international purposes it is the highest representative of the Cuban state.

ARTICLE 90

The Council of State is invested with the power to:
  1. summon special sessions of the National Assembly of People Power;
  2. set the date for the elections for the periodic renovation of the National Assembly of People�s Power;
  3. issue decree-laws in the period between the sessions of the National Assembly of People�s Power;
  4. give existing laws a general and obligatory interpretation whenever necessary;
  5. exercise legislative initiative;
  6. make all the necessary arrangements for the holding of referendums called for by the National Assembly of People's Power;
  7. decree a general mobilization whenever the defense of the country makes it necessary and assume the authority to declare war in the event of aggression or to approve peace treaties duties which the Constitution assigns to the National Assembly of People Power  when the Assembly is in recess and cannot be called to session with the necessary security and urgency;
  8. replace, at the initiative of its president, the members of the Council of Ministers in the period between the sessions of the National Assembly of People Power;
  9. issue general instructions to the courts through the Governing Council of the People Supreme Court;
  10. issue instructions to the Office of the Attorney General of the Republic;
  11. appoint and remove, at the initiative of its president, the diplomatic representatives of Cuba in others states;
  12. grant decorations and honorary titles;
  13. name commissions;
  14. grant pardons;
  15. ratify or denounce international treaties;
  16. grant or refuse recognition to diplomatic representatives of other states;
  17. suspend those provisions of the Council of Ministers and the resolutions and provisions of the Local Assemblies of People Power which run counter to the Constitution or the law or which run counter to the interests of other localities or to the general interests of the country, reporting on this action to the National Assembly of People Power in the first session held following the suspension agreed upon;
  18. revoke those resolutions and provisions of the local bodies of People Power which infringe the Constitution, the laws, the decree-laws, the decrees and other provisions issued by a higher body or when they are detrimental to the interests of other localities or to the general interests of the nation;
  19. approve its rules and regulations;
  20. it is also invested with the other powers conferred by the Constitution and laws or granted by the National Assembly of People Power.

ARTICLE 91

All the decisions of the Council of State are adopted by a simple majority vote of its members.

ARTICLE 92

The mandate entrusted to the Council of State by the National Assembly of People Power expires when the new Council of State, elected by virtue of its periodic renovation, takes power.

ARTICLE 93

The president of the Council of State is head of government and is invested with the power to:
  1. represent the state and the government and conduct their general policy;
  2. organize and conduct the activities of, call for the holding of and preside over the sessions of the Council of State and the Council of Ministers;
  3. control and supervise the development of the activities of the ministries and other central agencies of the administration;
  4. assume the leadership of any ministry or central agency of the administration;
  5. propose to the National Assembly of People Power, once elected by the later, the members of the Council of Ministers;
  6. accept the resignation of the members of the Council of Ministers or propose either to the National Assembly of People Power or the Council of State the replacement of any of those members and, in both cases, to proposes the corresponding substitutes;
  7. receive the credentials of the heads of the heads of foreign diplomatic missions. This responsibility may be delegated to any of the vice presidents of the Council of State;
  8. assume the supreme command of all armed institutions and determine their general organization;
  9. preside over the National Defense Council;
  10. declare a state emergency in those cases provided for in this Constitution, stating his decision, as soon as the circumstances permit it, to the National Assembly of People Power or to the Council of State if the Assembly is unable to meet, according to legal effects;
  11. sign decree-laws and other resolutions of the Council of State and the legal provisions adopted by the Council of Ministers or its Executive Committee, and arrange for their publication in the Official Gazette of the Republic;
  12. assume all other duties assigned it by the Constitution or by law.

ARTICLE 94

In cases of the absence, illness or death of the president of the Council of State, the first vice president assumes the president�s duties.

ARTICLE 95

The Council of Ministers is the highest ranking executive and administrative body and constitutes the government of the Republic.
The number, denomination and functions of the ministries and central agencies making up the Council of Ministers are determined by law.

ARTICLE 96

The Council of Ministers is composed of the head of state and government, as its president, the first vice president, the vice presidents, the ministers, the secretary and the other members that the law determines.

ARTICLE 97

The president, first vice president, vice presidents and other members of the Council of Ministers, as determined by the president, make up the Executive Committee.

In periods between the meetings of the Council of Ministers, the Executive Committee can decide on matters under the jurisdiction of the Council of Ministers.

ARTICLE 98

The Council of Ministers is invested with the power to:
  1. organize and conduct the political, economic, cultural, scientific, social and defense activities outlined by the National Assembly of People's Power;
  2. propose the draft general plans for the socioeconomic development of the state and, after these are approved by the National Assembly of People's Power, organize, conduct and supervise their implementation;
  3. conduct the foreign policy of the Republic and relations with other governments;
  4. approve international treaties and submit them to ratification by the Council of State;
  5. direct and control foreign trade;
  6. draw up the draft for the state budget and, once it is approved by the National Assembly of People�s Power, to see to its implementation;
  7. adopt measures aimed at strengthening the monetary and credit system;
  8. draw up bills and submit them to the consideration of the National Assembly of people Power or the Council of State, accordingly;
  9. see to national defense, the maintenance of order and security at home, the protection of citizens rights and the protection of lives and property in the event of natural disasters;
  10. conduct the administration of the state and unify, coordinate and supervise the activities of the agencies of the central administration and local administrations;
  11. implement the laws and resolutions of the National Assembly of People Power and the decree-laws and provisions issued by the Council of State and, if necessary, dictate the corresponding regulations;
  12. issue decrees and provisions on the basis of and pursuant to the existing laws and supervise their implementation;
  13.  revoke the decisions taken by those administrations subordinated to the Provincial or Municipal Assemblies of People Power, adopted according to the powers delegated by the central state administration agencies, when these are contrary to the instructions issued from a higher level and whose fulfillment is compulsory;
  14. propose to the Provincial and Municipal Assemblies of People Power the revocation of those provisions adopted during their specific activities by the provincial and municipal administrations subordinated to them, when these are contrary to the instructions approved by the central state administration agencies, in the exercise of their functions;
  15. revoke those provisions issued by heads of central state administration agencies when these are contrary to the instructions issued from a higher level and whose fulfillment is compulsory;
  16. propose to the National Assembly of People's Power or to the Council of State the suspension of those resolutions and provisions issued by the local assemblies of People's Power which infringe existing laws and other provisions or are detrimental to the interests of other communities or the general interests of the nation;
  17. name the commissions it deems necessary to facilitate the fulfillment of the tasks assigned to it;
  18. appoint and remove officials in keeping with the powers it is invested with by the law;
  19. assume any duty assigned to it by the National Assembly of People Power or the Council of State.
  20. The law regulates the organization and functioning of the Council of Ministers.
ARTICLE 99

The Council of Ministers is accountable to and periodically renders account of its activities to the National Assembly of People�s Power.

ARTICLE 100

The members of the Council of Ministers are invested with the power to:
  1. conduct the affairs and tasks of the ministry or agency under their care, issuing the necessary resolutions and provisions to that effect;
  2. dictate, in the event it is not the specific duty of another state body, the necessary regulations to make possible the implementation of those laws and decree-laws which concern them;
  3. attend the sessions of the Council of Ministers, with the right to speak and vote, and submit to the consideration of the Council whatever bill, decree-law, decree, resolution or any other proposal they consider advisable;
  4. appoint, according to the law, the corresponding officials;
  5. they are also invested with any other power with which the Constitution and laws invest them.

ARTICLE 101

The National Defense Council is constituted and prepared during peacetime to lead the country in conditions of a state of war, during a war, a general mobilization or a state of emergency. The law regulates its organization and activities.