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Law 1585

Original Language Title: Ley 1585

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Law No. 1585 LAW OF AUGUST 12, 1994

GONZALO SÁNCHEZ DE LOZADA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC

For the Honorable National Congress, he has sanctioned the following Law: THE HONORABLE CONGRESS NATIONAL, DECRETA: Single Item. The Political Constitution of the State is reformed in its following articles: 1 °, 41st, 60th, 70th, 87th, 90th, 109th, 110th, 116th, 117th, 118th, 119th, 120th, 121st, 122nd, 123rd, 124th, 125th, 126th, 127, º 128, º 129º, 130º, 131st, 171st, 200º, 201º, 202nd, 203rd, 204th, 205th, 215º, 217º, 220º, and 221st, which will have the following wording:

PRELIMINARY TITLE

GENERAL PROVISIONS Article 1. Bolivia, free, independent, sovereign, multiethnic and pluricultural, constituted in unitary Republic, adopts for its government the representative democratic form, founded in the union and the solidarity of all Bolivians. PART FIRST

THE PERSON AS A MEMBER OF THE STATE TITLE THIRD

NATIONALITY AND CITIZENSHIP CHAPTER II

CITIZENSHIP Article 41. They are citizens of Bolivians, males and females over the age of eighteen years, whatever their levels of instruction, occupation or income. PART SECOND

BOLIVIAN STATE TITLE FIRST

LEGISLATIVE POWER CHAPTER II

CHAMBER OF DEPUTIES Article 60. The Chamber of Deputies is composed of one hundred and thirty members.

In each department, half of the deputies are elected in single-member constituencies. The other half in departmental plurinominal constituencies, from lists headed by the candidates for President, Vice President, and Senators of the Republic. The candidates are nominated by the political parties.

Uninominal constituencies must have geographical continuity, affinity and territorial harmony, not transcend the boundaries of each department and be based on population criteria. The National Electoral Court will delimit uninominal constituencies.

Deputies are elected on a universal, direct and secret ballot. In the single-member constituencies by a simple majority of votes. In the plurinominal constituencies through the representation system that establishes the law.

The number of Members must reflect the proportional vote obtained by each party.

The distribution of the total seats among the departments is determined by law based on the number of inhabitants of each of them, according to the latest national census. By equity, the law will allocate a minimum number of seats for departments with lower population and lower levels of economic development. If the distribution of seats for any department proves to be odd, preference will be given to the allocation of uninominal seats.

Deputies exercise their duties for five years and the renewal of the House will be total. CHAPTER IV

CONGRESS Article 70. On the initiative of any Parliamentary, the Chambers may ask the Ministers of State for verbal or written reports for legislative, inspection or audit purposes and to propose

Every House can, at the initiative of any parliamentarian, question the Ministers of State, individually or collectively, and agree to the censure of their acts by an absolute majority of votes. " of the National Representatives present.

The censorship is intended to Amendment of the contested policies and procedure, and implies the resignation of the censored Ministers, the same one that may be accepted or rejected by the President of the Republic. TITLE SECOND

EXECUTIVE BRANCH I

PRESIDENT OF THE REPUBLIC Article 87. The unextendable mandate of the President of the Republic is five years. The President can be re-elected only once after at least one constitutional period.

The Vice President's unextendable mandate is also five years. The Vice President cannot be elected President or Vice President of the Republic in the period following his term of office. Article 90. If, in the general elections, none of the formulas for President and Vice President of the Republic obtain the absolute majority of valid votes, the Congress will elect by an absolute majority of valid votes, in oral and nominal votes, between the two formulas which would have obtained the highest number of valid votes. In the event of a tie, the vote shall be repeated for two consecutive times, in oral and nominal form. If the tie persists, President and Vice President will be proclaimed to the candidates who have achieved the simple majority of valid votes in the general election. The election and the computation will be made in public and permanent session for reason of time and matter. CHAPTER III

INTERNAL REGIME Article 109. In each Department the Executive Branch is in charge and administered by a Prefect, designated by the President of the Republic.

The Prefect exercises the function of Commander General of the Department, he designates and has under his dependency the Sub-Prefects in the provinces and the corriants in the cantons, as well as the departmental administrative authorities whose appointment is not reserved to another instance.

Your other privileges are set by law. The Senators and Deputies will be able to be designated as Department Prefects, leaving their

parliamentary functions for the time they are in charge. Article 110. The Executive Branch at the departmental level is exercised according to a decentralization regime

administrative. In each department there is a Departmental Council, chaired by the Prefect, whose composition and

attributions establishes the law. THIRD TITLE

JUDICIARY

CHAPTER I GENERAL PROVISIONS

Article 116. The Judiciary is exercised by the Supreme Court of Justice of the Nation, the Constitutional Court, the District Superior Courts, the Courts and Judges of Instance and other Courts and Courts that establishes the law. The law determines the organization and attributions of the Courts and Courts of the Republic. The Council of Judicature is part of the Judiciary.

Courts or courts of exception cannot be established. The ability to judge in the ordinary, contentious and contentious way? the administrative and the execution of the

court corresponds to the Supreme Court and the respective Courts and Judges, under the principle of judicial unity. The Constitutional Court exercises control of constitutionality. The Council of the Judiciary is the administrative and disciplinary body of the Judiciary. The Magistrates and Judges are independent in the administration of justice and are not subject to the

Constitution and the Law. They shall not be removed from their duties, but upon their execution. The Law establishes the Judicial Escalation and the conditions of the immobility of the Ministers, Magistrates,

Councillors and Judges. The judicial branch has economic and administrative autonomy. The General Budget of the Nation will assign an

annual departure, centralized in the Judicial Treasury, which depends on the Council of the Judiciary. The Judicial Branch is not empowered to create or establish fees or judicial rights.

The exercise of the judiciary is incompatible with all other public and private paid activities, with the exception of the University Chair.

Gratuitousness, publicity, speed and probity in the trials are essential conditions of the administration of justice. The Judicial Branch is responsible for providing free legal defense to the homeless, as well as translation services when their mother tongue is not Spanish. CHAPTER II

SUPREME COURT OF JUSTICE Article 117. The Supreme Court is the highest court of ordinary, contentious and contentious-administrative justice of the Republic. It is based in the city of Sucre.

It consists of twelve ministers who organize themselves in specialized rooms, subject to the Law. Parta be Minister of the Supreme Court requires the conditions required by Articles 64 ° and 61 ° of this

Constitution with the exception of numerals 2) and 4) of article 61 °, having a Title of Advocate in National Provision, and having

ministers are elected by the National Congress by two-thirds of the total number of their members, from the payrolls proposed by the National Congress. Council of the Judicature. They perform their duties for a personal and unrenewable period of ten years, computable from the day of their possession and cannot be re-elected but spent a time equal to the time they had exercised their mandate.

The President of the Supreme Court is elected by the Full Chamber by two-thirds of the total votes of its members. He exercises his functions according to law.

Article 118. They are the privileges of the Supreme Court:

Represent the Judiciary;

Designate, by two-thirds of the votes of the members of the Plena Chamber, the Vocals of the Courts Superior District, payroll proposed by the Council of the Judicature;

Resolve the resources of nullity and appeal in the ordinary and administrative jurisdiction;

Address the powers that are raised between the Courts Superior District;

False in the Trial Trials against the President and Vice-President of the Republic, State Ministers and Prefects of the Department for offences committed in the exercise of their duties, at the request

of the Attorney General of the Republic, after authorization of the National Congress, founded legally and granted by two-thirds of the total votes of its members, in which case the summary will be in charge of the Criminal Chamber and if it is pronounced for the prosecution, the trial will be substantiated by the other Chambers without further appeal;

In a single instance, the causes of criminal responsibility followed, at the request of the Attorney General of the Republic, prior to the prosecution of the Criminal Court, against the Comptroller General of the Republic, Vocals of the Supreme Courts, Ombudsman, Members of the National Electoral Court and Superintendents established by law, for crimes committed in the exercise of their functions;

Resolve the contentious causes resulting from the contracts, negotiations and concessions of the Power Executive and the contentious lawsuits? administrative to which the resolutions of the same are addressed;

Deciding the issues of limits to be raised between the departments, provinces, sections and cantons.

The organisation and functioning of the Supreme Court of Justice Justice is established by law. CHAPTER III

CONSTITUTIONAL COURT Article 119. The Constitutional Court is independent and subject only to the Constitution. It is based in the city of Sucre.

It consists of five Magistrates who make up a single room and are appointed by the National Congress for two-thirds of the votes of the members present.

The President of the Court Constitutional is elected by two-thirds of the total votes of its members. He exercises his duties according to Law.

To be a magistrate of the Constitutional Court, the same conditions are required as to be Minister of the Supreme Court of Justice.

They perform their duties for a personal period of ten years.

i)

criminal prosecution of the magistrates of the Constitutional Court for offences committed in the performance of their duties is governed by the law of the Court of Justice of the European Court of Justice. Rules established for the Ministers of the Supreme Court of Justice.

Article 120. They are the powers of the Constitutional Court to know and to resolve:

In a single instance, matters of pure right on the unconstitutionality of laws, decrees and any gender of non-judicial resolutions. If the action is abstract and remediated, only the President of the Republic, or any Senator or Deputy, the Attorney General of the Republic or the Ombudsman, will be able to intervene; the conflicts of jurisdiction and disputes between the Public Powers, the National Electoral Court, the Departments and the Municipalities;

The challenges of the Executive Branch to the Shrimp, Prefectural And Municipal Resolutions; the resources against taxes, taxes, taxes, patents, or contributions created, modified or deleted in contravention of the provisions of this Constitution;

The remedies against resolutions of the Legislative Branch or one of its Chambers, where such resolutions affect one or more specific rights or guarantees, whatever the persons concerned;

The resources Article 31 of this Constitution shall be the case for a declaration of invalidity.

The review of the constitutional amparo and habeas corpus resources;

Acquitting the consultations of the President of the Republic, the President of the Honorable National Congress, and the President of the Supreme Court of Justice, on the constitutionality of bills, decrees or resolutions, or of laws, decrees or resolutions applicable to a specific case. The opinion of the Constitutional Court is mandatory for the body that conducts the consultation;

The constitutionality of treaties or agreements with foreign governments or international bodies;

The demands regarding procedures In the reform of the Constitution.

Article 121. Against the judgments of the Constitutional Court there is no further recourse. The judgment declaring the unconstitutionality of a law, decree or any kind of non-judicial resolution,

makes the contested rule unenforceable and has full effects on all. The judgment in respect of a contested subjective right shall be limited to declaring its inapplicability to the specific case.

Unless the judgment provides otherwise, the rule of law in the parts not affected by the law shall remain in force. unconstitutionality. The judgment of unconstitutionality will not affect previous judgments that have quality of res judicata.

The Law regulates the organization and functioning of the Constitutional Court, as well as the conditions for the admission of the resources and their procedures. CHAPTER IV

COUNCIL OF THE JUDICIARY Article 122. The Council of the Judiciary is the administrative and disciplinary body of the Judiciary. It has its headquarters in the city of Sucre.

The Council is chaired by the President of the Supreme Court of Justice and is composed of four members called the Directors of the Judicature, with a Title of Attorney in National Provision and with ten members.

members are appointed by the National Congress for the vote of two-thirds of their members present. They perform their duties for a period of ten years not being able to be re-elected but spent a time equal to the time they had exercised their mandate.

Article 123. They are the powers of the Council of the Judiciary:

Propose to the National Congress Payrolls for the designation of the Ministers of the Supreme Court of Justice, and the latter for the designation of the Vocals of the Supreme Courts of Justice. District.

Propose Payrolls to the District Superior Courts for the designation of Judges, Notaries and Registrar of Real Rights;

Manage the Judicial Escalation and exercise disciplinary power over Vocals, Judges, and Judicial Officials, according to law;

Elaborate the Annual Budget of the Judiciary pursuant to Article 59º, numeral 3 of this Constitution. Execute your budget under the law and under fiscal control.

Extend the payrolls referred to in points (a) and (b) of this article, at the request of the corresponding constituent body.

The Law determines the organization and the other administrative and disciplinary powers of the Council of the Judiciary.

TITLE FOURTH DEFENSE OF SOCIETY

CHAPTER I PUBLIC MINISTER

Article 124. The Public Minister aims to promote the action of justice, to defend legality, the interests of the State and the society, as established in the Constitution and the laws of the Republic.

Article 125. The Public Minister represents the State and society within the framework of the law. It is exercised by the commissions appointed by the Legislative Chambers, by the Attorney General of the Republic and other officials appointed in accordance with the law.

The Public Ministry is responsible for the direction of judicial police actions. Article 126. The Attorney General of the Republic is appointed by the National Congress by two-thirds of votes

of its members present. It is based in the city of Sucre. The Attorney-General of the Republic performs his duties for the unrenewable term of ten years and may be

re-elected after a time equal to the time he had exercised his mandate. He cannot be dismissed but on the basis of a damning sentence after the Chamber of Deputies and the Senate trial. In time to decree an indictment, the Chamber of Deputies will suspend its functions.

To be Attorney General of the Republic, the same conditions are required as to be Minister of the Supreme Court.

the Republic shall give account of its acts to the Legislative Branch at least once a year. It can be cited by the Commissions of the Legislative Chambers and coordinates its functions with the Executive Branch.

The Law establishes the structure, organization and functioning of the Public Ministry. CHAPTER II

OMBUDSMAN Article 127. The Ombudsman ensures that the rights and guarantees of individuals in relation to the administrative activity of the entire public sector are enforced and respected. Likewise, he watches for the defense, promotion and dissemination of human rights.

The Ombudsman does not receive instructions from the public authorities. The Legislative Power Budget will provide a basis for the functioning of this institution.

Article 128. To exercise the functions of Ombudsman, it is necessary to have at least thirty-five years of age and the conditions laid down in Article 61 of this Constitution, with the exception of numerals (2) and (4).

The Ombudsman is elected by two-thirds of the votes of the present members of the National Congress. He shall not be prosecuted, persecuted or detained for the performance of his duties, except for the commission of offences, in which case the procedure provided for in Article 118a (f) of this Constitution shall apply.

Pueblo performs its duties for a period of five years and can be re-elected for one time.

The office of Ombudsman is incompatible with the performance of any other public, or private, activity paid except for the university teaching.

Article 129. The Ombudsman has the right to file the resources of unconstitutionality, direct of nullity, amparo and habeas corpus, without the need for a mandate.

The Ombudsman, in order to perform his duties, has free access to detention, detention and hospitalization centers.

authorities and civil servants of the public administration have an obligation to provide the Ombudsman with the information he requests in connection with the exercise of his duties. In the event of not being duly addressed in his application, the Ombudsman must bring the fact to the attention of the Legislative Chambers.

Article 130. The Ombudsman shall account for his acts to the National Congress at least once a year, in the manner determined by law, and may be convened by any of the Camaral Commissions, in relation to the exercise of their duties.

Article 131. The organization and other privileges of the Ombudsman and the manner of designation of their deputy delegates are established by law. PART THIRD

SPECIAL REGIMES THIRD TITLE

AGRARIAN AND PEASANT REGIME Article 171. The social, economic and cultural rights of the peoples are recognized, respected and protected in the framework of the law indigenous people living in the national territory, especially those related to their community lands of origin, guaranteeing the sustainable use and use of natural resources, their identity, values, languages, customs and institutions.

The State recognizes the legal personality of indigenous communities and

natural authorities of the indigenous and peasant communities will be able to exercise their functions of administration and application of their own rules as an alternative conflict solution, in conformity to their customs and procedures, provided they are not contrary to this Constitution and the laws. The Law will make these functions compatible with the powers of the State Powers. TITLE SIXTH

MUNICIPAL REGIME Article 200. The Government and the administration of the municipalities are in charge of Autonomous Municipal Governments and of the same hierarchy. In the cantons there will be Municipal Agents under supervision and control of the Municipal Government of its jurisdiction.

Municipal autonomy consists in the normative, executive, administrative and technical power in the field of its jurisdiction and territorial competence.

The Municipal Government is in charge of a Council and a Mayor. Councillors are elected on a universal, direct and secret ballot for a period of five years, following the

system of proportional representation determined by law. The Municipal Agents will be chosen in the same way, by a simple majority of votes.

They are candidates for mayor who are registered in the first place in the lists of party councilors. The Mayor will be elected by an absolute majority of valid votes.

If none of the candidates for Mayor obtain the absolute majority, the Council will take the two who have achieved the highest number of valid votes and among them will make the election by absolute majority of valid votes of the total members of the Council, by means of oral and nominal voting. In the event of a tie, oral and nominal voting shall be repeated for two consecutive times. If the tie persists, the candidate who has achieved the simple majority in the municipal election will be proclaimed mayor. The election and the computation will be made in public and permanent session for the reason of time and matter, and the proclamation by Municipal Resolution.

The Law determines the number of members of the Municipal Councils. Article 201. The City Council has regulatory and oversight powers. Municipal governments will not

be able to establish taxes other than fees or patents whose creation requires prior approval by the Senate, based on a technical opinion of the Executive Branch. The Municipal Mayor has executive, administrative and technical power in the field of his competence.

Accomplished at least one year from the mayor's possession that would have been elected in accordance with paragraph 6 of Article 200 °, the Council may to censure and remove it for three-fifths of the total of its members by means of a constructive vote of censure, provided that it simultaneously chooses the successor of the Councilors. The chosen successor shall exercise the position until the end of the respective period. This procedure may not be attempted until a year after the change of a mayor, nor in the last year of municipal administration.

Article 202. The municipalities may associate or communicate with each other and agree to contract types with individuals or collective public and private law, for the best performance of their purposes, with the exception of prescribed in paragraph 5. Article 59 ° of the Constitution of the State.

Article 203. Each municipality has a continuous territorial jurisdiction determined by law. Article 204. be elected Councillor or Cantonal Agent is required to be at least twenty-one years old

and be domiciled in the respective municipal jurisdiction during the year before the election. Article 205. The law determines the organization and attributions of the Municipal Government.

TITLE EIGHTH REGIME OF THE NATIONAL POLICE

Article 215. The National Police, as a public force, has the specific mission the defense of society and the preservation of public order and the enforcement of laws throughout the national territory. It exercises the police function in a comprehensive and under single command, in accordance with its Organic Law and the laws of the Republic.

As an institution it does not deliberates or participate in party political action, but its members individually enjoy and Article 217.

be designated Commander General of the National Police, it is indispensable to be Bolivian by birth, General of the institution and to meet the requirements of the National Police. law.

TITLE NINTH ELECTORAL REGIME

CHAPTER I SUFFRAGE

Article 220. Are voters all Bolivians over the age of 18 years of age, whatever their degree of instruction and occupation, without any requirement that their mandatory enrollment in the Electoral Register.

In the municipal elections will vote for foreign citizens under the conditions laid down by law. Article 221. Citizens who meet the requirements set by the Constitution and the Law are eligible.

TRANSIENT provisions Article 1. As long as the Constitutional Court and the Council of Judicature are not appointed by the National Congress, the Judiciary will continue to work according to Title III of the Constitution of the State of 2 February 1967.

Article 2. The appointment of Ministers of the Supreme Court of Justice, Vocals, Judges and Deputy Staff of the Departmental Courts, until the law regulating the functioning of the Council of the Judiciary is enacted. governed by the provisions of Title III of the State Political Constitution of 2 February 1967 and the Law of the Judicial Organization.

Article 3. The new constitutional periods of the President and Vice President of the Republic and of the Senators and Deputies, Mayors and Councilors referred to in this Law shall apply from the date of the renewal of the corresponding power, organ or authority. In the case of the first election for Councilors, Mayors and Municipal Agents under the rules of this law, they will exercise their mandate for a period compatible with that required for their renewal in the middle of the constitutional period.

Article 4. The Liability Trials against the President and Vice President of the Republic, State Ministers and Department Prefects, as long as a new Law on Responsibilities is not enacted. They shall settle and resolve in accordance with the provisions of the Political Constitution of the State of 2 February of 1967 and the Special Laws of 31 October 1884 and 23 October 1944.

Article 5. The adjustments and concordance of the Political Constitution of the State referred to in the transitional article of Law No. 1473 of 1 April 1993 shall be adopted by ordinary law, with two thirds of the members of the each House, and shall contain the full text of the Constitution. I passed to the Executive Branch for constitutional purposes.

It is given in the Session Room of the Honorable National Congress, five days into the month of August, one thousand nine hundred and ninety-four years.

(Fdo.) H. Juan Carlos Duran Saucedo, President H. National Senate; (Fdo.) H. Guillermo Bedregal Gutiérrez, President H. Chamber of Deputies (Fdo.) H. Walter Zuleta Roncal Senator Secretary

(Fdo.) H. Guido R. Capra Jemio Senator Secretary (fdo.) H. Georg Prestel Kern Deputy Secretary

(fdo.) H. Mirtha Quevedo Acalinovil Deputy Secretary. BY TANTO, he promulgated it so that it has and will comply as the Fundamental Law of the Republic. Palace of Government of the city of La Paz, twelve days of the month of August of a thousand nine hundred and ninety-four

years. FDO. LIC. GONZALO SANCHEZ DE LOZADA, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC,

Dr. Antonio Aranibar Quiroga, MINISTER OF R.R.EE. AND CULTO, Dr. Raul Tovar Pierola , MINISTER OF NATIONAL DEFENSE, Dr. Rene Oswaldo Blattmann Bauer, MINISTER OF JUSTICE , Dr. Enrique Ipina Melgar , MINISTER OF HUMAN DEVELOPMENT, Dr. Reynaldo Peters Arzabe, MINISTER OF LABOR, Lic. Alfonso Revollo Thenier, MINISTER WITHOUT PORTFOLIO RESPONSIBLE FOR CAPITAL, Lic. German Quiroga Gómez, MINISTER OF GOVERNMENT , Dr. Carlos Sánchez Berzain , MINISTER OF THE PRESIDENCY, Lic. Fernando Alvaro Cossio, MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT, lic. José G. Justiniano Sandoval , MINISTER OF SUSTAINABLE AND MIDDLE DEVELOPMENT ENVIRONMENT, lic. Ernesto Machicao ArGiro, MINISTER OF SOCIAL COMMUNICATION