Countries of the World/COUNTRYS.BIN/dp/0401/04018.txt

Text File | 1991-06-25 | 33KB | 690 lines

$Unique_ID{COW04018}
$Pretitle{271}
$Title{Venezuela
Titles IV and V}
$Subtitle{}
$Author{Government of Venezuela}
$Affiliation{Embassy of Venezuela, Washington DC}
$Subject{article
law
national
republic
president
chamber
congress
public
constitution
laws}
$Date{1961}
$Log{}
Country:     Venezuela
Book:        Constitution of Venezuela
Author:      Government of Venezuela
Affiliation: Embassy of Venezuela, Washington DC
Date:        1961

Titles IV and V

Title IV The Public Power

CHAPTER I General Provisions

     Article 117. The Constitution and the laws define the powers of the
Public Power, and their exercise must be subject thereto.

     Article 118. Each of the branches of the Public Power has its own
functions, but the organs on which their exercise is incumbent shall
collaborate with one another in the accomplishment of the aims of the State.

     Article 119. Any usurped authority is without effect and its acts are
null and void.

     Article 120. Any decision arrived at by direct or indirect resort to
force or by a meeting of individuals with subversive intent is null and void.

     Article 121. The exercise of the Public Power carries with it individual
liability for abuse of power or for violation of the law.

     Article 122. The law shall establish an administrative career by setting
standards for the entry, advancement, transfer, suspension, and retirement of
employees in the National Public Administration, and shall provide for their
incorporation into the social security system.

     Public employees are at the service of the State, not at that of any
political faction.

     Every public official or employee is obligated to comply with the
requirements established by law for holding his position.

     Article 123. No one may hold more than one remunerated public position at
the same time, except for academic, temporary, welfare, teaching, aldermanic,
or electoral positions specified by law. The acceptance of a second position
not exempted by this article implies resignation from the first, except in
those cases provided for in article 141 or where the position is as an
alternate who does not definitively replace the principal.

     Article 124. No one in the service of the Republic, of the States, of the
Municipalities, or of any other public juridical person may make a contract
with them, either directly or through an intermediary or in representation of
another, with such exceptions as may be established by law.

     Article 125. No public official or employee may accept offices, honors,
or compensation from foreign governments without prior authorization from the
Senate.

     Article 126. Without the approval of Congress no contract involving the
national interest may be entered into, except those that are necessary for the
normal conduct of the public administration or those permitted by law. In no
case may new concessions of hydrocarbons or other natural resources specified
by law be granted unless the Chambers in joint session, duly informed by the
National Executive as to all pertinent circumstances, so authorize, under
the conditions they fix, with no waiver there-by of the fulfillment of legal
formalities.

     Likewise, no contract involving the national, state, or municipal
interest may be entered into with foreign states or public agencies, or with
companies not domiciled in Venezuela, or be transferred to them, without the
approval of Congress.

     The law may require particular conditions as to nationality, domicile, or
others, or may require special guarantees, in contracts involving the public
interest.

     Article 127. In contracts involving the public interest, unless their
nature renders it inappropriate, a clause shall be considered incorporated,
even if not expressly stated, whereby any questions and disputes which may
arise concerning such contracts and which are not amicably settled by the
contracting parties shall be decided by the competent courts of the Republic,
in accordance with its laws, and may not for any reason or cause give rise to
foreign claims.

     Article 128. International treaties or conventions concluded by the
National Executive must be approved by a special law in order to be valid,
unless; they concern the execution or consummation of pre-existing
obligations of the Republic, the application of principles expressly
recognized by it, the execution of ordinary acts in international relations,
or the exercise of powers which the law expressly confers on the National
Executive. However, the Delegated Committee of Congress may authorize the
provisional execution of international treaties or conventions whose urgency
so requires, and these are to be submitted in all cases to the subsequent
approval or disapproval of Congress.

     In all cases, the National Executive shall report to Congress, at its
next sessions, all international juridical agreements entered into, with a
precise indication of their nature and contents, whether subject to its
approval or not.

     Article 129. In international treaties, conventions, and agreements
concluded by the Republic, a clause shall be inserted whereby the parties bind
themselves to decide by peaceful means recognized by international law or
previously agreed upon by them, if such is the case, all controversies that
may arise between the parties by reason of their interpretation or execution,
if this is not inappropriate and if the procedure to be followed in concluding
them so permits.

     Article 130. Since the Republic possesses the Right of Ecclesiastical
Patronage, this will be exercised according to law. However, treaties or
conventions may be concluded to regulate relations between the Church and the
State.

     Article 131. Military and civilian authority may not be exercised
simultaneously by a single official, except by the President of the Republic,
who shall be, by reason of his office, Commander in Chief of the National
Armed Forces.

     Article 132. The National Armed Forces form a non-political, obedient,
and non-deliberative institution, organized by the State to ensure the
national defense, the stability of democratic institutions, and respect for
the Constitution and the laws, the observance of which shall always be above
any other obligation. The National Armed Forces shall be at the service of
the Republic, and in no case at that of any person or political faction.

     Article 133. Only the State may possess and use weapons of war. All those
that exists, that are manufactured, or are imported into the country shall
become the property of the Republic, without compensation or proceedings. The
manufacture, trade, possession, and use of other weapons shall be regulated by
law.

     Article 134. The States and Municipalities may organize only police
forces, in accordance with the law.

     Article 135. The constitutional terms of the National Power shall be five
years, except by special provision in this Constitution.

     The terms of the state and municipal public powers shall be fixed by
national law and may not be less than two years or more than five.

CHAPTER II Competence of the National Power

     Article 136. The following are within the competence of the National
Power:

     1. The international relations of the Republic;

     2. The protection and supreme oversight of the general interests of the
Republic, the preservation of the peace, and the just application of the laws
throughout the national territory;

     3. The flag, coat of arms, hymn, holidays, decorations, and honors of a
national character;

     4. The naturalization, admission, extradition, and expulsion of
foreigners;

     5. The identification and national police services;

     6. The organization and government of the Federal District and of the
Federal Territories and Dependencies;

     7. The monetary system and the circulation of foreign currencies;

     8. The organization, collection, and control of taxes on income, capital,
an