Whereby The Regulation Of Congress Is Issued, The Senate And The House Of Representatives

Original Language Title: Por la cual se expide el Reglamento del Congreso, el Senado y la Cámara de Representantes

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5 OF 1992

(June 17)

Official Journal No. 40.483 of 18 June 1992

For which the Rules of Congress are issued; the Senate and the House of Representatives.

THE CONGRESS OF COLOMBIA,

DECRETA:

PRELIMINARY rules.

ARTICLE 1o. FUNCTIONING AND ORGANIZATION OF CONGRESS. This statute contains the regulatory norms on meetings and functioning of the Senate, the House of Representatives and the Congress of the Republic in plenary.

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ARTICLE 2o. PRINCIPLES OF INTERPRETATION OF THE REGULATION. In the interpretation and application of the rules of this Regulation, the following principles shall be taken into account:

1. Speed of procedures. The formal correction of the procedures, the rules of the regulation must serve to effectively promote the development of the tasks of every order of the Congress.

2. Formal correction of the procedures. It is intended to remedy the procedural defects that are correctable, in the understanding that thus guarantees not only the constitutionality of the process of formation of the laws, but also the rights of the majorities and minorities and the orderly progress of discussions and votes.

3. Rule of majorities. The Regulation should be applied in such a way that any decision reflects the will of the majorities present in the respective session and consult, at all times, the justice and the common good.

4. Minority Rule. The Regulation guarantees the right of minorities to be represented, to participate and to express themselves as determined by the Constitution.

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ARTICLE 3o. SOURCES OF INTERPRETATION. Where, in this Regulation, no applicable provision is found, the rules governing cases, similar matters or procedures and, in the absence thereof, the case-law and the constitutional doctrine shall be laid down.

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ARTICLE 4. HIERARCHY OF THE CONSTITUTION. The Constitution is a rule of law. In any case of incompatibility between the Constitution and this law of regulation or other rule of law, the constitutional provisions shall apply.

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ARTICLE 5o. HIERARCHY OF REGULATIONS. Developing and implementing this Regulation will be understood as non-subsainable procedural vices of the Political Constitution:

1. Any meeting of Congressmen who, for the purpose of exercising their own functions of the Legislative Branch of the Public Power, is carried out outside the constitutional conditions. In this event your decisions will lack validity, and the acts you do will not be able to give any effect.

2. The violation of fundamental constitutional guarantees.

PARAGRAFO. About constitutional reforms will override the constitutional 379 article.

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ARTICLE 6o. CLASSES OF FUNCTIONS OF CONGRESS. The Congress of the Republic complies:

1. A constituent function to reform the Political Constitution through legislative acts.

2. Legislative function, to develop, interpret, reform and repeal laws and codes in all branches of legislation.

3. Role of political control, to require and employ the Ministers of the Office and other authorities and to know about the accusations that are made against senior State officials. The motion of censure and the motion of observations can be some of the conclusions of political responsibility.

4. Judicial function, to judge exceptionally high officials of the State for political responsibility.

5. Electoral function, to elect Comptroller General of the Republic, Attorney General of the Nation, Magistrates of the Constitutional Court and of the Disciplinary Chamber of the Superior Council of the Judiciary, Ombudsman, Vice President of the Republic, when there is an absolute lack of it, and designated the Presidency in the period 1992-1994.

6. Administrative function, to establish the organization and functioning of the Congress, the Senate and the House of Representatives.

7. A function of public control, to employ any person, natural or legal, in order to give statements, oral or written, on facts related to the investigations that the Commission will carry out.

8. Protocol function, to receive Heads of State or Government from other nations.

TITLE I.

PLENARY CONGRESS.

CHAPTER I.

INTEGRATION, INAUGURATION, AND FUNCTIONS.

SECTION 1a.

GENERAL PROVISIONS.

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ARTICLE 7o. CONGRESS INTEGRATION. The Congress of the Republic is made up of the Senate and the House of Representatives.

Its members represent the people, and they must act in consultation with justice and the common good. They are therefore accountable to society and to their constituents in fulfilling the obligations of their investiture.

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ARTICLE 8o. CONGRESS IN A SINGLE BODY. Congress meets in a single body only in cases determined by the Political Constitution (article 18 of the Rules of Procedure).

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ARTICLE 9o. CONGRESS HEADQUARTERS. The Congress is based in the capital of the Republic.

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ARTICLE 10. PARTICIPATION WITH VOICE. The President of the Republic or who will do his or her times, the Heads of State and/or Government of other nations, the Ministers of the Office, and therefore the members of the Senate and the Chamber will be able to speak to the full Congress.

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ARTICLE 11. ACTAS. For any session of the full Congress, the respective minutes will be lifted. In the case of the last session, the minutes shall be considered and approved before the meeting is closed, or the Bureau may be empowered to approve it.

SECTION 2a.

OPENING SESSION OF THE CONGRESSIONAL PERIOD.

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ARTICLE 12. PREPARATORY MEETING. On July 20, at the beginning of the constitutional four-year term, in which the Congress will have to meet in a single body for the installation of its sessions in accordance with the Political Constitution, and from 3 p.m. Senators and representatives present in the Eliptico Hall or in the precinct designated for this purpose will be constituted as a Preparatory Board.

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ARTICLE 13. PRESIDENT AND SECRETARY. The meeting of the Preparatory Board shall be chaired by the Senator who has been in the Senate in the last legislature; in the absence of the latter, the Vice-President, who shall be the Representative to the Chamber which has presided over the same way, the previous legislature. In default of these, the Senator to whom the first place corresponds in alphabetical order of surnames. If there are two or more Senators whose last name is placed on an equal footing, they shall prefer the alphabetical order in the name.

As Secretary (ad hoc) will serve the Congressman appointed by the Chair of the Preparatory Board.

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ARTICLE 14. QUORUM, ABSENT, COMMISSION. Constituted the Preparatory Board will proceed to verify whether there is a deliberative quorum, calling the Senators and Representatives of whose election the official news is made. If the President does not, the President will be urged to attend the session at the end of the session, dictating the measures that, according to the Constitution and the law, will be of their competence.

Established at least the quorum to deliberate, the President of the Preparatory Board will appoint a congressional committee, with participation from each party or political movement that has a seat in Congress, to report to the President of the Council. the Republic that the full Congress is meeting for its constitutional installation.

The session will remain open until the time the commissioners return and the President of the Republic is present at the venue to proceed to the installation.

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ARTICLE 15. INSTALLATION AND CLOSING OF THE SESSIONS. The sessions of the Congress will be installed and closed jointly and publicly by the President of the Republic. In the first event this ceremony will not be essential for Congress to legitimately exercise its functions.

If the President does not present himself to the precinct, the President of the Preparatory Board will proceed to such a declaration.

The installation event will be performed by standing up the members of the Board to answer yes, to the following question asked by the one who chairs the meeting:

El Tiempo] Are the senators and representatives present, constitutionally installed, the Congress of the Republic and open their sessions?

PARAGRAFO. The full Congress will not be able to open its sessions or deliberate with less than a quarter of its members.

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ARTICLE 16. POSSESSION OF THE PRESIDENT. Installed the sessions of the Congress, the Chair of the Preparatory Board shall swear before its members as follows:

Invoking the protection of God, I swear to this Corporation to uphold and defend the Constitution and laws of the Republic, and to faithfully perform the duties of the office.

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ARTICLE 17. POSSESSION OF THE CONGRESSMEN. Later, the President of the Preparatory Board will take the oath of rigor to the Congressmen present. This will be followed by the act of possession as a prerequisite for the performance of their duties, and the following question will be answered in the affirmative:

Invoking the protection of God, do you swear to uphold and defend the Constitution and the laws of the Republic, and faithfully perform the duties of the office?

This oath will be borrowed for the entire constitutional period. Those who subsequently join the Congress shall be sworn in before the President of the respective Chamber to assume the exercise of their duties.

SECTION 3a.

FUNTIONS.

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ARTICLE 18. POWERS OF THE FULL CONGRESS. They are constitutional powers of the full Congress:

1. To postpone the President of the Republic, or to the Vice-President, when he does his or her times.

2. To receive Heads of State or Government from other countries.

3. Elect Comptroller General of the Republic.

4. Elect Vice President of the Republic when it is necessary to replace the one elected by the people. Also, provide the charge when absolute vacancy is present.

5. Recognize the physical incapacity of the Vice President of the Republic, which originates an absolute lack.

6. Choose the Magistrates of the Disciplinary Tribunal of the Superior Council of the Judiciary.

7. Decide on the motion of censure under the Constitution and this Regulation.

8.

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ARTICLE 19. FUNCTIONS OF THE PRESIDENT OF CONGRESS. The President of the Senate is the President of the Congress, and it is up to him to perform the following functions:

1. Convene, chair and lead the sessions of the full Congress.

2. Take, with the Vice President of the Congress, which is the President of the Chamber, the representation of the Legislative Branch of the Public Power before the other Ramas, governments, public or private entities, national or foreign.

3.

4. Coordinate the work and good relations between the Chambers and their members, establishing the necessary communication links for effective legislative work.

CHAPTER II.

OF OFFICIALS ELECTED BY CONGRESS.

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ARTICLE 20. CHARGES OF ELECTION OF CONGRESS. It is for the full Congress to elect the Comptroller General of the Republic, the Vice President of the Republic in the case of absolute lack and the Magistrates of the Disciplinary Tribunal of the Council Superior of the Judicature.

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ARTICLE 21. CALL. The candidates proposed for the consideration of the full Congress will be officially presented by the corporations or institutions running or by the members of the Congress, in the term that they point out the provisions in force. Authentic copies of the documents certifying the qualities required to carry out the charge shall be attached, which shall be qualified by the respective commission.

The President of Congress will cite, in a personal and written form, eight (8) days in advance, the Senators and Representatives to a special meeting of the full Congress, with the sole purpose of proceeding to the election in question.

The citation must contain the day and time of session compliance and the names of the candidate or candidate candidates.

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ARTICLE 22. RESIGNATIONS. Only the Congress may admit the resignation of the Comptroller General of the Republic and the Magistrates of the Disciplinary Tribunal of the Superior Council of the Judiciary.

In the event of a definitive vacancy, a new election will proceed, with a similar procedure and with the following considerations: If the Congress is meeting, in ordinary sessions, ten days will be available for the presentation of the candidates, and ten more for the election; if he is in recess, the President of the Republic will convene for this purpose and ask the corporations to submit the candidates. In the latter case, reasonable terms of call for the exercise of the constitutional function will be kept.

SECTION 1a.

THE GENERAL CONTRACT OF THE REPUBLIC.

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ARTICLE 23. CHOICE. Your choice will be made using the following procedure:

1. The candidates will be presented in the first fifteen (15) days following the installation of the sessions, in the legislative term.

The election will take place in the first month of sessions, with a term of office composed of candidates presented as follows: One by the Constitutional Court, one by the Supreme Court of Justice, and one by the State Council.

2. Declared open by the President of the Congress, the members of the Congress will be considered to be present, and the election will be held.

PARAGRAFO. In the case of absolute vacancy, a new choice will be made.

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ARTICLE 24. PERIOD. The Comptroller General of the Republic will be elected for a period of 4 years, beginning to be counted from the first (1o.) of September 1994.

SECTION 2a.

THE VICE PRESIDENT OF THE REPUBLIC.

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ARTICLE 25. case of absolute lack of the Vice President of the Republic, the full Congress will proceed to his election, observing the following procedure:

1. Presented the absolute vacancy of the Vice President, the President of the Congress will have ten (10) days to convene the full Congress in order to choose the replacement.

2. The summons will be made in a personal and written form, with eight (8) days in advance, to all Congressmen. It will indicate the date, time and cause of the election.

3. Open the session, the President of the Congress will grant the word to run candidates, from the same party or movement to which the replaced Vice President belonged. Subject to study and consideration of the various candidates, the voting process will be opened and, finally, the Vice President of the Republic will be declared elected for the remainder of the period.

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ARTICLE 26. PERMANENT PHYSICAL DISABILITY. The medical reports and the registered symptomatic picture will enable the Congress to declare the Vice President of the Republic in a state of permanent incapacity. Such a declaration shall be made in writing and shall not be more than three (3) days before the President of the Republic and the Vice-President.

SECTION 3a.

THE MAGISTRATES OF THE DISCIPLINARY COURT OF THE HIGHER COUNCIL OF THE JUDICIARY.

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ARTICLE 27. COMPOSITION and INTEGRATION. The Disciplinary Tribunal of the Superior Council of the Judiciary will be composed of seven (7) judges elected, each, by the National Congress of Ternas sent by the Government.

Thirty (30) days before the expiration of the period, or within fifteen (15) days following the presentation of the absolute lack, the Government will send the President of the Congress to provide the respective charges.

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ARTICLE 28. PERIOD. The Magistrates of the Disciplinary Tribunal shall be elected for a period of eight (8) years, counted from the first (1o.) of September 1992.

CHAPTER III.

MOTION OF CENSURE.

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ARTICLE 29. CONCEPT. By motion of censure is understood the act by which the Congress in plenary, and by absolute majority, reproaches the action of one or several Ministers of the Office giving rise to the separation of his office.

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ARTICLE 30. PROVENANCE. The respective debate in the full Congress and the motion of censure will be held:

1. When a Minister was summoned by one of the Chambers to reply to a written questionnaire, pursuant to Article 135 ordinal 8 of the Political Constitution, he shall not contest without excuse or be the majority rejected by the legislative corporation, and the latter has approved, by a majority of the votes of the assistants, a motion of censure motion. The subject of the debate, in this case, will be the questionnaire to be answered.

2. When the proposal is on the initiative of one tenth of the members of the respective Chamber, and on matters related to the functions of the ministerial office. In this event, the proposers will have to indicate precisely the official issues on which the initiative is based, in order to constitute the foundations of the motion of censure proposal that will serve as a basis for bringing forward the debate.

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ARTICLE 31. CALL TO THE PLENARY CONGRESS. The Board of Directors of the respective Chamber has demonstrated that the motion of censure meets the requirements of Article 135 ordinal 9, its President communicate to the other Chamber and the President of the Republic, and shall immediately inform the Minister or Ministers concerned of the charges underlying the motion of censure.

The Presidents of the Chambers shall convene within ten (10) days of the corresponding session of the full Congress, if the session is convened in the ordinary session or in the special session.

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ARTICLE 32. DEBATE IN THE PLENARY CONGRESS. Reunited the Congress in one body to bring forward the debate on the motion of censure, the deliberations, with the presence of the Minister or Ministers concerned, after their communication, will be observed with the following order:

1. Verified the quorum, the Secretary of the Corporation will give reading to the proposal presented against the respective Minister or Ministers.

2. The use of the word will initially be granted to a spokesperson for each party, group or movement with congressional representation, either to support or oppose the motion; then the Minister. The President of the Congress will limit the duration of the interventions in the terms of this Regulation.

PARAGRAFO. If in a party, group or movement there is no agreement on support or opposition to the motion, a spokesperson will be appointed for each of the political organizations.

3. After the debate, the same President will point out the day and hour, which will be between the third and the tenth day, to vote on the motion of censure.

TITLE II.

OF THE COMMON PROVISIONS TO THE SENATE OF THE REPUBLIC AND THE HOUSE OF REPRESENTATIVES.

CHAPTER I.

OF GENERAL PROVISIONS.

SECTION 1a.

INTERNAL ORDER.

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ARTICLE 33. HEADQUARTERS OF THE LEGISLATIVE CHAMBERS. The Senate and the House of Representatives are based in the capital of the Republic.

By agreement between them, the Chambers will be able to move their headquarters elsewhere and, in the event of public order disturbance, they will be able to meet on the site designated by the President of the Senate.

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ARTICLE 34. COMMISSIONS. In each of the Chambers, Permanent Constitutional Commissions will be organized to give first debate to the bills or legislative acts related to the matters of their jurisdiction, as determined by the law.

Likewise, legal commissions, special commissions and accidental commissions will work.

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ARTICLE 35. ACTAS. Of the sessions of the Chambers and their Permanent Commissions, in particular, will be lifted minutes that will contain a succinct relationship of the subjects discussed, the people who have intervened, the messages read, the proposals presented, the designated committees, and the decisions taken.

The session will be open, the president will submit to the discussion, without reading it, the minutes of the previous session, which has been previously brought to the attention of the members of the Corporation, either because of its publication in the Gazette of the Congress, or through reproduction by any other mechanical means.

In consideration of the minutes, each Congressman may speak only once to complain about the omissions or inaccuracies in which he is engaged in drafting it, without prejudice to the right to speak about claims made by others. Congressmen.

Any comments shall be submitted in writing to the Secretariat in order to be inserted in the following minutes.

In the last session, the minutes will be considered and approved before the meeting is closed, or the Board of Directors will be empowered to give due approval.

If the minutes are not fully prepared for the next session, the respective Secretary will present and read a summary report that will serve for the knowledge and approval of the corporation or commission.

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ARTICLE 36. CONGRESS GAZETTE. The full Congress, the Senate and the House of Representatives will have an official written piece of publicity for their acts, called the Congress Gazette. The Secretaries of the Chambers will be the directors of the respective sections.

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