Declaratively Complements The Law Nâ ° 20.232 N Promulgacia


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1. the Saturday 01.12.2007, was published in the Official Journal No. 20.232 law of budgets of the Public Sector for the year 2008.

2. in the promulgation of this law decree, left record that a request had been submitted to the Constitutional Court by a group of Deputies, challenging the second part of article 24 of the draft budget law, which says: "in addition, deemed that seriously violates the administrative probity, punish with the measure, the participation of all public official of exclusive confidence of the President of the Republic , in activities of proselytizing or promotion of candidates for posts of popular election, in accordance with the General rules applicable. "."

3. in addition, it was noted that mandated by article 93 sixth tiret of the politics of the Constitution and article 40 of the constitutional organic law of the Constitutional Court, the law of budgets is should enact always entirely, despite a requirement have been lodged against him, without prejudice to what the Constitutional Court resolved.

4 as well, by a ruling role 1005-07-CPT, 24.12.2007, published in the official journal the 28.12.2007, the Constitutional Court received such request, in response to which the contested rule exceeded the matrix idea.

"5. as result of the above, in that the Constitutional Court ruling ordered that the part end of article 24 of the law of budgets of the Public Sector for the year 2008. must be disposed of in the text of the law No. 20.232."

6. in recognition of the above, and for reasons of safety and legal certainty, should be to complement the promulgation of law No. 20.232, declaring that the final part of article 24 of law No. 20.232 of Public Sector budgets for 2008, has been considered unconstitutional by the Constitutional Court for judgment of 24.12.2007, published in the official journal the 28.12.2007 , leaving the mentioned article 24 in the following manner: "article 24.-with the exception of the financing and rebates provided for in law N ° 19.884, on transparency, limit and Control election spending, considered that it seriously violates the principle of administrative probity any use of expenses included in article 1 of the present law on activities of proselytizing or promotion of candidates for popular election" , which will be punishable with the removal of the offender, in accordance with the procedure and the General rules which apply to the organ in which the violation occurred. "."