Law 5 of 1992
Official Gazette No. 40,483 of June 18, 1992
Whereby the Regulation of Congress is issued; the Senate and House of Representatives. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. OPERATION AND ORGANIZATION OF CONGRESS. This statute contains regulations on meetings and functioning of the Senate, the House of Representatives and the Congress in full.
. PRINCIPLES OF INTERPRETATION OF REGULATION. In the interpretation and application of the provisions of this Regulation, the following principles are taken into account:
1. Speed of proceedings. Filed formal correctness of procedures, rules of Regulation should serve to effectively promote the development of the work of all sorts of Congress.
2. formal correctness of procedures. It aims to correct the procedural errors that are correctable, on the understanding that this not only the constitutionality of the formation of laws, but also the rights of majorities and minorities and the orderly advancement of the discussions is guaranteed and votes .
3. Majority rule. Regulation must be applied in such a way that any decision reflects the will of the majority present at that session and consult at any time, justice and the common good.
4. Minority rule. Regulation guarantees the right of minorities to be represented, to participate and express as determined by the Constitution.
ARTICLE 3. SOURCES OF INTERPRETATION. Where no applicable provision is in this Regulation, will go to the rules governing cases such materials or procedures and, failing that, jurisprudence and constitutional doctrine.
ARTICLE 4. NEST OF THE CONSTITUTION. The Constitution is the supreme law. In any case of incompatibility between the Constitution and the law regulation or other rule of law, constitutional provisions apply.
The 5th ITEM. NEST OF REGULATION. Developing and implementing this Regulation shall be construed as irremediable vices of procedure of the Constitution:
1. Any meeting of Congressmen that, in order to exercise themselves of the Legislative branch of government functions, takes place outside the constitutional conditions. In this event its decisions are void, and any action taken can not be given any effect.
2. The infringed the fundamental constitutional guarantees.
PARÁGRAFO. On constitutional reforms will prevail Article 379 of the Constitution.
ARTICLE 6o. CONGRESS FUNCTIONS CLASSES. The Congress meets:
1. constituent function, to amend the Constitution through legislative acts.
2. legislative function, to develop, interpret, amend and repeal laws and codes in all branches of legislation.
3. Function of political control, to require and summon Cabinet ministers and other authorities and hear the charges made against senior government officials. The censure motion and the motion of observations can be some of the conclusions of political responsibility. Editor's Notes
4. judicial function, to judge exceptionally high officials of the State for political responsibility.
5. electoral function, to choose General Comptroller, Attorney General's Office, judges of the Constitutional Court and the Disciplinary Jurisdictional Chamber of the Superior Council of the Judiciary, Ombudsman, Vice President of the Republic, when there is absolute lack, and appointed to the Presidency in the period 1992 -1994.
6. administrative function, to establish the organization and functioning of the full Congress, the Senate and the House of Representatives.
7. Public function control to summon any person, natural or juridical, to the effect that surrender statements, oral or written, on facts relating to the investigations that the Commission forward.
8. Protocol function, to welcome heads of State or government of other nations.
TITLE I. PLENARY SESSION OF CONGRESS.
CHAPTER I. INTEGRATION, INAUGURATION AND FUNCTIONS.
ARTICLE 7. INTEGRATION OF CONGRESS. The Congress is composed of Senate and House of Representatives.
Its members represent the people, and must act with fairness and the common good. They are therefore accountable to society and to their constituents compliance with the obligations of his investiture.
Article 8. CONGRESS IN ONE BODY. Congress meets in one body only in cases determined by the Constitution (Article 18 of Regulation).
Article 9. CONGRESS VENUE. Congress is headquartered in the capital of the Republic.
ARTICLE 10. PARTICIPATION WITH VOICE. May intervene before the full Congress the President of the Republic or his substitute, the Heads of State and / or Government of other nations, Cabinet ministers and, therefore, the Senate and the House of Representatives.
ARTICLE 11 MINUTES. Of any meeting of the full Congress the respective minutes will rise. In the case of the last session, the minutes shall be considered and approved before closing the meeting, or empowered to its Board for approval due.
SECTION 2. INAUGURAL SESSION OF THE PERIOD
ARTICLE 12. PREPARATORY MEETING. On 20 July at the beginning of the constitutional quadrennium that under the Constitution should meet the Congress in one body for the installation of its sessions, and from 3 pm, Senators and Representatives present at the Salon elliptical or on the premises designated for this purpose, they will constitute Preparatory Meeting.
ARTICLE 13. CHAIRMAN AND SECRETARY. The meeting of the Preparatory Meeting will be chaired by Senator house which has been the Senate in the last legislature; failing that, the Vice President, who will be the representative to the House that any chaired likewise, the previous legislature. In their absence, the Senator to whom it may concern the first in alphabetical order of surnames. If there are two or more Senators whose surnames place them on an equal footing, will prefer the alphabetical order in the name.
As Secretary (ad hoc) serve the Congresswoman appointed by the Chairman of the Preparatory Meeting.
ARTICLE 14. QUORUM, urged ABSENT Commission. Constituted the Preparatory Meeting will proceed to verify if there deliberative quorum, calling list Senators and Representatives whose election official news you have. If there is none he will urge the President to absent to attend at the lower end to the session, dictating measures, in accordance with the Constitution and the law, within their competence.
Established at least a quorum to deliberate, the President of the School Board shall appoint a committee of Congress, with the participation of each party or political movement that has seat in Congress, to inform the President that the full Congress it is gathered for constitutional installation.
The session will remain open until the time they return commissioners and presented in the exhibition the President of the Republic to proceed with the installation.
ARTICLE 15 INSTALLATION AND CLOSURE OF MEETINGS. Congress sessions will be installed and jointly and publicly by the President of the Republic closed. In the first event this ceremony is not essential for Congress to exercise its functions legally.
If the President is not presented to the enclosure, shall make a statement the Chairman of the Preparatory Meeting.
The opening ceremony will take place standing members of the Board to give an affirmative answer to the following question by the person chairing the meeting:
¿declare Senators and Representatives present, constitutionally installed Congress Republic and open its meetings?
PARÁGRAFO. The full Congress may not open their sessions or deliberate with less than a quarter of its members.
ARTICLE 16. POSSESSION OF THE PRESIDENT. Installed the sessions of Congress, the President of the School Board will swear to its members as follows:
Invoking God's protection, the Corporation swear to uphold and defend the Constitution and laws of the Republic and faithfully discharge the duties office.
ARTICLE 17. POSSESSION OF CONGRESS. Subsequently, the Chairman of the Preparatory Meeting will take the oath of the Congressmen present. This act of possession be fulfilled as a prerequisite for the performance of their functions and affirmatively answer the following question:
Invoking the protection of God, do you swear to uphold and defend the Constitution and laws of the Republic, and faithfully discharge the duties of office?
This oath means borrowed for the entire constitutional period. Who subsequently join the Congress, shall take possession before the President of the respective Chamber to assume the exercise of their functions.
ARTICLE 18. POWERS OF CONGRESS PLENARY SESSION. They are full constitutional powers of Congress:
Editor's Notes Effective Jurisprudence
1. Posesionar the President, or the Vice President, when its stead.
2. Welcome heads of State or Government of other countries.
3. Choose General Comptroller of the Republic.
4. Choosing Vice President where needed replace elected by the people. Also, provide office when this absolute vacancy.
5. Recognize the physical inability of Vice President, which results in a complete lack. Effective Jurisprudence
6. Choose the judges of the Disciplinary Tribunal of the Superior Council of the Judiciary. Effective Jurisprudence
7. Deciding on the motion of censure under the Constitution and this Regulation. Editor's Notes
8. Effective Jurisprudence
ARTICLE 19. FUNCTIONS OF THE PRESIDENT OF THE CONGRESS. Senate President is the President of Congress, and it corresponds perform the following functions:
1. Convene, preside and conduct the Congress plenary sessions.
2. Carrying, with the Vice President of the Congress, who is the President of the Chamber, the representation of the Legislative branch of government to the other branches, governments, public entities or private national or foreign.
3. Effective Jurisprudence
4. Coordinate work and good relations between the House and its members, establishing communication links necessary for effective legislative work.
OF OFFICERS ELECTED BY THE CONGRESS.
ARTICLE 20. CHARGES
congressional election. It corresponds to the full Congress elect the General Comptroller of the Republic, the Vice President in the case of absolute failure and the judges of the Disciplinary Tribunal of the Superior Council of the Judiciary. Effective Jurisprudence
ARTICLE 21. CALL. The candidates proposed for consideration by the full Congress will be officially presented by the applicants corporations or institutions or by members of Congress in the term that indicate the provisions in force. certified copies of documents proving the qualities required for the post is attached, which will be ranked by the respective commission.
The President of Congress cited, personally and in writing, with eight (8) days prior to the Senators and Representatives at a special meeting of the full Congress, with the sole purpose of proceeding with the election that concerned.
The summons shall contain the date and time of fulfillment of the session and the names of the candidate or candidates nominated.
ARTICLE 22. DISCLAIMERS. Only Congress may accept the resignation from office to submit the Comptroller General of the Republic and the judges of the Disciplinary Tribunal of the Superior Council of the Judiciary.
In the event of a definitive vacancy, it proceeds to a new election, with a similar procedure with the following considerations: If Congress is meeting in regular session, will have ten days for the submission of the respective candidates and ten more for election; if it is in recess, the President of the Republic convened for that purpose and ask the applicants corporations sending candidates. In the latter case reasonable terms call for the exercise of the constitutional function will be saved.
THE GENERAL COMPTROLLER OF THE REPUBLIC.
ARTICLE 23. ELECTION. Your choice will be made by the following procedure:
1. Candidates will be presented in the first fifteen (15) days following the installation of the sessions, in the legislative quadrennium days.
The election will take place in the first month of sessions, integrated by candidates and three candidates presented: one by the Constitutional Court, one by the Supreme Court and one by the State Council.
2. The meeting declared by the President of Congress, will be on consideration of the three candidates Congressmen present and will proceed to the election.
PARÁGRAFO. In the case of absolute vacancy will proceed to a new election.
ARTICLE 24. PERIOD. The General Comptroller of the Republic shall be elected for a period of four years, which will begin to be counted from the first (1st.) September 1994. Effective Jurisprudence
THE Vice President.
ARTICLE 25. ELECTION. In case of absence of the Vice President, the full Congress shall make your choice, observing the following procedure:
1. Presented absolute vacancy of the Vice President, the President of Congress have ten (10) days to convene the plenary Congress to choose the replacement.
2. The summons shall be personally and in writing, with eight (8) days prior to all Congressmen. In her date, time and cause originating the election indicated.
3. The meeting, the President shall call the Congress to nominate candidates of the same party or movement to which he belonged Vice replaced. Under study and consideration the various candidates, the voting process will open and, finally, the Vice President shall be declared elected for the remainder of the period.
ARTICLE 26. PERMANENT PHYSICAL DISABILITY. Medical reports and certificate symptom picture, will enable Congress to declare a state of permanent incapacity to Vice President. Such declaration shall be made in writing and within no more than three (3) days to the President of the Republic and the Vice same.
JUDGES OF THE SUPERIOR JUDICIAL DISCIPLINE HALL COUNCIL OF THE JUDICIARY.
ARTICLE 27. COMPOSITION AND INTEGRATION. The Disciplinary Jurisdictional Chamber of the Superior Council of the Judiciary shall consist of seven (7) Judges elected, each by the National Congress from lists submitted by the Government.
Thirty (30) days prior to the expiration of the period, or within fifteen (15) days following the submission of the complete absence days, the Government will send to Congress President paths triads to provide their respective offices. Effective Jurisprudence
ARTICLE 28. PERIOD. The judges of the Disciplinary Tribunal shall be elected for a period of eight (8) years from the first (1st.) September 1992. Effective Jurisprudence
The motion of censure.
ARTICLE 29. CONCEPT. On motion of censure means the act by which the full Congress, and by absolute majority, criticizes the actions of one or several cabinet ministers leading to the separation from office. Editor's Notes
ARTICLE 30. PROVENANCE.
1: the respective debate in the plenary Congress and the request for the motion of censure will be given place. When he quoted a minister for one Chamber to answer a written questionnaire, in accordance with Article 135 ordinal 8 of the Constitution, does not attend without excuse or whatever it overwhelmingly rejected by the legislative Corporation, and this has been approved by a majority of the votes of those present, a proposed censure motion. The subject of the debate, in this case, what will the questionnaire should respond.
2. When the proposal is an initiative of the tenth of the members of the respective Chamber, and matters related to the functions of the ministerial office. In this event proposers must indicate precisely the official business of the initiative to effect constitute the basis of the motion of censure proposal as a basis for advancing the debate is based. Editor's Notes
ARTICLE 31. CALL ON CONGRESS PLENARY SESSION. Confirmed by the Board of the respective Chamber that the censure motion meets the requirements of Article 135 ordinal 9 Chairman shall notify the other House and the President of the Republic, and immediately inform the Minister or Ministers concerned of the charges proposition underlying the motion of censure.
The Presidents of the Chambers convened to within ten (10) days following the corresponding session of the full Congress days, if it is in session in the regular session or special. Editor's Notes
ARTICLE 32. CONGRESS floor debate. Congress gathered in one body to advance the debate on the motion of censure, discussions, attended by the minister or ministers concerned after its submission, shall be observed in the following order:
1. Verified quorum, the Secretary of the Corporation shall read the proposal presented against the respective minister or ministers.
2. Initially the use of the word be granted to a spokesperson for each party, group or movement with congressional representation, either to support or oppose the motion; then the Minister. Congress President shall limit interventions in terms of this Regulation.
PARÁGRAFO. If a party, group or movement there is no agreement on support or opposition to the motion, a spokesman for each political organizations designated.
3. Following the discussion the President himself set a day and time, it will be between the third and tenth day, to vote on the censure motion. Editor's Notes
OF PROVISIONS COMMON TO THE SENATE OF THE REPUBLIC AND THE HOUSE OF REPRESENTATIVES.
CHAPTER I. GENERAL PROVISIONS.
ARTICLE 33. HEADQUARTERS Legislative Chambers. The Senate and House of Representatives are based in the capital of the Republic.
By agreement between them, the Chambers may move its headquarters elsewhere and, in case of disturbance of public order, may meet at the site designated by the President of the Senate.
ARTICLE 34. COMMISSIONS. In each of the Houses Permanent Constitutional Commissions responsible for giving first debate bills or legislation related to matters within its competence, as determined by the law they will be organized.
Likewise, legal work Commissions, Special Commissions and Committees accidental. Editor's Notes
ARTICLE 35 MINUTES. Sessions of the Chambers and their standing committees, especially records that contain a concise statement of the issues discussed, people who have spoken, read messages, proposals introduced, appointed committees, and decisions will arise.
Opening of the meeting, the President shall submit to discussion, without making her read the minutes of the previous meeting, previously brought to the attention of the members of the Corporation, either by publication in the Gazette of Congress, or by reproduction any other mechanical means.
In consideration of the minutes, each congressman can only speak once to complain about omissions or inaccuracies that were incurred to write it, without prejudice to the right to talk about the claims made other Congressmen.
Anyone with the observations shall submit in writing to the secretariat in order to be inserted in the following minutes.
Case of the last session, the minutes shall be considered and approved prior to the meeting closed, or its Board empowered to regulatory approval.
If the person was not fully prepared minutes for the next session, the respective Secretary will present and will read a summary record that will serve the knowledge and approval of the corporation or commission.
GAZETTE OF CONGRESS. The full Congress, the Senate and House of Representatives have an official body or writing advertising medium for their actions, called Congress Gazette. The Secretaries of the Houses shall be the directors of the respective sections.