LAW 134 1994
Official Journal 41373 of May 31, 1994.
by establishing rules on citizen participation mechanisms are given. Summary
The Congress of Colombia DECREES:
TITLE I. PURPOSE AND DEFINITIONS.
ARTICLE 1o. PURPOSE OF THE LAW. This statutory Act of the mechanisms of participation of the people governs legislative initiatives and regulations; the referendum; the referendum, national, departmental, district, municipal and local levels; the revocation of the mandate; the plebiscite and the open council.
Establishes the main rules that democratic participation of civil society organizations will be governed.
The regulation of these mechanisms will not prevent the development of other forms of citizen participation in political, economic, social, cultural, university, trade union or professional life of the country or the exercise of other political rights not mentioned in this Law. | Effective
|| Jurisprudence Article 2.
. LEGISLATIVE INITIATIVE AND REGULATIONS TO POPULAR PUBLIC CORPORATIONS. The legislative initiatives and regulations to public corporations is the political right of a group of citizens to present draft legislation and legislation before Congress, Ordinance to the departmental assemblies, According to the Municipal or District Councils and a resolution to the local administrative bodies, and other relevant resolutions of the corporations of local authorities, according to the laws that regulate, as appropriate, to be discussed and subsequently approved, modified or denied by the relevant public corporation. Effective Jurisprudence
ARTICLE 3. REFERENDUM. It is the call that is made to the people to approve or reject a draft legal rule or repeal or not a rule already in operation.
PARÁGRAFO. The referendum may be national, regional, departmental, district, municipal or local.
(Enforceable within the meaning set forth in the judgment C-180 of 1994 of the Constitutional Court). Effective Jurisprudence
ARTICLE 4. REFERENDUM DEROGATION. A derogatory referendum is the submission of a legislative act, a law, ordinance, an agreement or a local resolution in any part or in whole, for consideration by the people for decision whether repealing it or not . Effective Jurisprudence
The 5th ITEM. REFERENDUM approvingly. An approval referendum is the submission of a draft legislative act, a law, ordinance, according or a local resolution, popular initiative that has not been adopted by the relevant public corporation, for consideration by the people so that they decide whether to approve or reject, in whole or in part. Effective Jurisprudence
ARTICLE 6o. Removal of officials. The revocation of the mandate is a political right, by which citizens are terminated the mandate conferred on it by a governor or a mayor. Effective Jurisprudence
ARTICLE 7. THE REFERENDUM. The plebiscite is the pronouncement of the people summoned by the President of the Republic, by which supports or rejects a specific decision of the Executive.
(Enforceable within the meaning set forth in C- 180 1994 Judgment of the Constitutional Court). Effective Jurisprudence
Article 8. REFERENDUM. The referendum is the institution through which a general question on a matter of national, departmental, municipal, district or local significance, is submitted by the President of the Republic, the governor or the mayor, as appropriate, to consideration of the people for it to formally ruling.
In all cases, the decision of the people is mandatory.
When the request relates to the desirability of convening a constituent assembly, the questions will be submitted for consideration by popular law passed by Congress. Effective Jurisprudence
Article 9. TOWN MEETING. The town meeting is a public meeting of district, municipal or local administrative councils, in which the inhabitants can participate directly in order to discuss issues of interest to the community. Effective Jurisprudence
REGISTRATION AND PROCESSING OF REGULATORY AND LEGISLATIVE INITIATIVES AND APPLICATION referenda.
CHAPTER I. REGISTRATION OF THE LEGISLATIVE AND REGULATORY INITIATIVE AND REFERENDUM APPLICATION.
ARTICLE 10. PROMOTERS AND spokespersons. To be promoter of a legislative initiative and regulations or a request for a referendum, must be a citizen in exercise and have the support of five per thousand of citizens registered in the respective electoral census, fulfilling this requirement may also be promoters a civic association, union, indigenous or community organization of national, departmental, municipal or local level, as appropriate, or a political party or movement, must comply with the requirement of legal personality in all cases.
In addition to meeting the requirements in paragraph 1; in the case of organizations, political parties or movements, legislative initiatives and regulations and the request for referendum must be approved at a meeting, conference or convention, by most attendees voting, and will be the same assembly that choose them.
They must become committee and register as such with the Civil Registry of the corresponding constituency. This committee will be composed of nine citizens and elected spokesman, who will preside and represent. If the promoter is the same organization, party or movement, the committee may be composed of its directives or persons designated by them for this purpose.
In the event that the legislative initiative is submitted by a group of councilors or deputies, the committee will be composed of five of them, in each case, who elect their spokesperson. By the mere fact of being councilor or deputy may be a promoter. Editor's Notes
ARTICLE 11. FORM FOR REGISTRATION legislative and regulatory initiatives REQUESTS OR REFERENDUM. The form for the registration of a legislative initiative and regulatory or demand the referendum, will be prepared by the Registrar of the corresponding Civil State in accordance with the instructions on the matter imparted by the National Electoral Council, and shall be freely given to whoever request.
This form must appear in a visible place, the number of signatures that must be collected so that developers can introduce you register the legislative initiative and regulations or the application of the referendum and warned that any fraud in the collection process signatures will be punished criminally. Editor's Notes
ARTICLE 12. REGISTRATION REQUIREMENTS AND REGULATIONS LEGISLATIVE INITIATIVES OR REQUESTS REFERENDUM. At the time of registration of a legislative initiative and regulations or the application of a referendum committee spokesman promoters must submit the form to him by the Registrar of the corresponding Civil State, filled with the following information:
a) the full name and identification number of committee members and their promoters spokesman previously registered with the appropriate Registrar;
B) The preamble to the legislative and regulatory initiative or referendum request that promote and summary of the contents thereof;
C) In the case of legislative initiatives and regulations to a public corporation, or the application of an approval referendum, the title that describes the essence of its content, and the draft articles;
D) In the case of legislative and regulatory initiatives or referendum requests submitted under a territorial entity, a space in which place and address of residence registration backers indicated;
E) The name of the organizations supporting the legislation or legislative initiative and referendum application with proof of its existence and copy of the minutes of the meeting, conference or convention was adopted that decision, or, default, the list with the name, signature and identification number of the people who support these processes;
F) In the case of application for derogatory referendum, the text of the rule is to be repealed, which identifies the number and date of issue;
G) When the legislative initiative is promoted by councilors or deputies, the municipality or respective department. Editor's Notes
ARTICLE 13. LEGISLATIVE DRAFTING OF POPULAR INITIATIVES AND REGULATIONS. All legislative initiatives and regulations to a public corporation must be written in the form of draft legislation, law, ordinance, according to local resolution or, as appropriate, and refer to the same subject. Effective Jurisprudence
ARTICLE 14. REGISTRATION OF REGULATORY AND LEGISLATIVE INITIATIVES AND APPLICATION OF REFERENDUM. The corresponding recorder assign a serial number identification legislative and regulatory initiatives and requests for referendums, with which indicate the order in which they have been registered and the date of registration. Also, keep a register of all legislative and policy initiatives and requests for referendums registered, and immediately inform the fact to the relevant corporation or, in the case of removal from office, the person involved, and quarterly inform citizenship, by an appropriate means of written communication, on the process of collecting signatures in progress. Editor's Notes
ARTICLE 15. EFFECTS OF REGISTRATION. Registration of popular legislative and policy initiatives corresponding to the Registrar of Civil Status, does not prevent the relevant public corporation decide on such matters in the same way or differently from the legislative initiatives and policy sense. If he does so, he must expressly indicate whether its decision is consistent or contradicts the initiative and the motives for it. Editor's Notes
CHAPTER 2. PROCESSING OF THE LEGISLATIVE INITIATIVE AND REFERENDUM APPLICATIONS.
ARTICLE 16. FORM FOR PROCESSING OF REGULATORY AND LEGISLATIVE INITIATIVES AND REQUESTS FOR REFERENDUM. The signed document on which citizens who support the legislative initiative and regulations or the application of the referendum, should be a different form to that with which the registration was made in the appropriate Registrar and shall contain at least the following information:
a) the number that the Civil Registry assigned to legislative and regulatory initiative or referendum request;
B) The information required on the form submitted to the registration of the legislation or legislative initiative and referendum request, in accordance with Articles 11 and 12 of this Act;
C) The summary of the content of the proposal and invitation to signatories to read before any support.
The text of the legislative and regulatory initiative or referendum request and its summary, may not contain personal references or make personal or commercial advertising.
In the case of the signatures collected by mail, as provided for in Article 19 of this Law, the document in which it is signed must contain the information required under this Article.
Promoters should also attach the full text of the articles concerned and the reasons that make it convenient for the citizen who wants to know the whole project has the opportunity to do so. If this is a request for derogatory referendum, the text of the rule in question is appended. Editor's Notes
ARTICLE 17. DECLARED
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ARTICLE 18 DEADLINE FOR COLLECTION SUPPORTS. Inscribed legislative initiatives and regulations or the request for a referendum before the Registrar of the corresponding Civil State, the Civil Registrar have fifteen days for processing and delivery of forms to developers, they will have, since then, six months to collect the signatures of those who support these participatory processes.
This period may be extended in cases of force majeure, in the manner and for the time indicated by the National Electoral Council. Editor's Notes
ARTICLE 19. SUPPORTS SUBSCRIPTION. To provide their support in a legislative initiative and regulations or a request for a referendum, citizens should write on the form, in his own handwriting, the date you sign your name, the number of his identification, location and the address of his residence, all in complete and legible, and your signature. If the person does not know how to write your fingerprint will print below the sign at his request. If there are repeated signatures, it shall be valid which has the latest date. Editor's Notes
In the case of initiatives promoted by councilors or deputies, the name of the municipality or department in exercising such representation will be written. Editor's Notes
Shall be canceled by the Registrar of the corresponding Electoral Constituency backups subscribed documents not meeting the requirements set forth in Article 16, like those who commit any of the following reasons, which must be certified in writing:
1. Date, name and number of the identity card garbled or unidentifiable citizenship.
2. Signing with incomplete, false or erroneous data.
3. Signatures of the same hand.
4. No handwritten signature.
5. Not registered in the corresponding electoral roll.
PARÁGRAFO. Being a legislative initiative and regulations or a request for a referendum in the field of local authorities, it will be grounds for revocation of support not be resident in the respective territorial entity. Editor's Notes
ARTICLE 20. COLLECTION SUPPORTS BY MAIL. Backups may also be sent by mail must be certified and must the person who wishes to support the legislative initiative or referendum request to record the required information and sign in the manner provided in the preceding article. The document that firm may be a form, a copy or a format where the information required by Article 16. The State shall bear the costs of sending the signed forms appear. Editor's Notes
ARTICLE 21. WITHDRAWAL. By decision of half plus one of the members of the committee promoters, they may withdraw legislative initiatives and regulations or the request for a referendum before the deadline for collecting props. Decision that must be submitted in writing to the registrar motivated and personally relevant, along with all the signatures collected so far.
Within the month following the submission of the withdrawal, the Registrar made the count, make public the number of signatures collected and indicate the deadline for any citizen, councilor or deputy who wants to integrate a new committee of promoters. This will have to complete the required number of supports of the remainder of the term, counted from the moment the new committee has been registered with the Registrar of the corresponding Civil Status and receive the respective forms.
The documents submitted by those who desisted will rest in the Registry. To continue the process of collecting support new promoters receive other forms in which, in addition to the information contained in the above, the name of the members of the new committee promoters indicated, and the total number of support collected so moment. Editor's Notes
ARTICLE 22 DELIVERY OF FORMS TO THE REGISTRAR. Before expiration of the period of six months, the promoters will present the duly completed forms, corresponding to the Registrar of Civil Status.
Expiration of the period without having successfully completed the required number of supports, legislative and regulatory initiative or referendum request will be filed.
If the minimum required number of signatures has not been met and has not yet expired the deadline for signature collection process may be continued for the period missing and one month. After this period, additional signatures will be delivered to the Registrar to issue a new certificate. Editor's Notes
ARTICLE 23. VERIFICATION OF THE REGISTRAR. The National Civil Registrar indicate the procedure to be followed for verifying the authenticity of the backrests and sampling techniques may adopt scientifically supported prior approval thereof by the National Electoral Council. Editor's Notes
ARTICLE 24 CERTIFICATION OF REGISTRAR. In the period of one month, counted from the date of delivery of the forms by the promoters and made verifications law, the respective Civil Registrar certify the total number of backups entered, the number of valid backups and null and finally, if it has complied with the constitutional and legal requirements to support legislative initiatives and regulations or the request for a referendum. Editor's Notes
ARTICLE 25. DESTRUCTION OF FORMS. Once the appropriate Registrar issued the certificate in the previous article refers to, retain the forms for twenty (20) days. During that term, the promoters may be brought before the administrative court actions that may be required when, for the annulment of signatures, has not obtained the required support.
When it has brought an action against the decision of the Registrar, the forms must be retained as long as it is resolved.
PARÁGRAFO. Upon expiration or resolved actions, the materials will be available to the Revolving Fund Registrar. Editor's Notes
ARTICLE 26. SIGNATURE COLLECTION territorial entities. When public participation processes are conducted in the field of local authorities or communes, districts or localities may only provide their support who reside in the respective territorial entity commune, municipality or locality in addition to being registered in the corresponding electoral census . Editor's Notes
ARTICLE 27 CERTIFICATION. Certify the electoral organization, for all legal purposes, compliance with the requirements for the realization of citizen participation mechanisms. Effective Jurisprudence
OF LEGISLATIVE INITIATIVE POPULAR AND REGULATIONS TO THE PUBLIC CORPORATIONS.
POPULAR SUPPORT OF LEGISLATIVE AND REGULATORY INITIATIVES. For a popular initiative legislation, law, ordinance, according or local resolution is submitted to the respective public corporation, it must have the support of at least five percent (5%) of the citizens registered in the corresponding electoral roll. Editor's Notes
When popular legislative and regulatory initiatives promoted by councilors or deputies are law, require a backup of thirty percent (30%) of the councilors or deputies of the country. Editor's Notes
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ARTICLE 29. MATERIALS THAT MAY BE POPULAR LEGISLATIVE INITIATIVE AND REGULATIONS TO THE PUBLIC CORPORATIONS. They can only be a matter of legislative initiatives and regulations to public corporations, those that are within the competence of the respective corporation.
No popular may submit legislative and policy initiatives before Congress, assemblies, councils or local boards, on the following matters:
1. Which are the exclusive initiative of the government, governors or mayors, as set out in Articles 154, 300, 313, 315, 322 and 336 of the Constitution.
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2. Budgetary, fiscal or tax.
3. International relations.
4. Amnesties or pardons.
5. Preservation and restoration of public order. Editor's Notes
ARTICLE 30. PRESENTATION AND PUBLICATION OF LEGISLATIVE AND POPULAR INITIATIVES TO PUBLIC CORPORATIONS REGULATIONS. Once the Registrar of the corresponding Civil State, compliance with the requirements of a legislative initiative and regulations, required by this Act, his spokesman, will present said certificate with the draft articles and preamble, and the address of certificate home and promoters, with the Ministry of either House of Congress or the respective Public Corporation, as applicable.
The name of the initiative, its promoters and spokesman, and the text of the draft articles and its explanatory memorandum, they shall be disclosed in the official publication of the relevant corporation. Editor's Notes
ARTICLE 31. RULES FOR THE PROCESSING OF POPULAR LEGISLATIVE AND REGULATORY INITIATIVES TO PUBLIC CORPORATIONS. the following rules will be respected to ensure the effectiveness of citizen participation during the process of legislative initiatives and regulations in the respective corporation:
1. The popular initiative will be considered in accordance with the provisions of the regulations of the respective corporation and the provisions of Article 163 of the Constitution for projects that have undergone emergency demonstration shall apply.
In the case of the popular initiative legislation by 20% of the councilors or deputies of the country the procedure provided for in Article 375 of the Constitution shall apply.
2. The spokesperson must be convened to all meetings in which the project is processed and be heard at all stages of the process.
3. The spokesperson may appeal to the plenary when the commission has ruled against the popular initiative.
4. When the respective corporation not first debate a legislative popular initiative or regulations during a legislature and it should be withdrawn, may be resubmitted in the next legislature. In this case, they remain valid signatures supporting the popular initiative, and will not be necessary to collect them.
The citizens' signatures to support initiatives that upon entry into force of this Act, are in transit at any Corporation remain valid for another year. Editor's Notes
Referenda. CHAPTER I.
SUPPORT FOR THE CALL FOR A REFERENDUM.
ARTICLE 32 SUPPORT FOR THE CALL. A number of not less than ten percent of the national, departmental, municipal, district or local electoral census citizens, as appropriate, may apply to the Registrar of the corresponding Civil State call for a referendum to approve a bill, ordinance, according or local resolution of popular initiative that is denied by the respective corporation or the deadline of which Article 163 of the Constitution, or request the total or partial repeal of laws, ordinances, agreements or local resolutions .
PARÁGRAFO. In the case of approval referendum, developers will have six months to complete a number of backups not less than 10% of the electorate of the respective constituency.
If such support he has already been reached for the presentation of legislative initiatives and regulations, public corporation, the promoters may request the call for referendum without further requirements but to introduce other complementary or contradictory initiatives on the same subject, in accordance with Article 38 of this Law may continue the process of gathering support for the appointed time.
In such a case, they may use the same form, fill the same procedure and meet the conditions required for the collection of signatures in support of the original initiative, which has not been approved by the relevant corporation, or complete repeal or part of laws, ordinances, agreements or local resolutions (sic). Editor's Notes
CONSTITUTIONAL REFERENDUM. At the initiative of the Government or a group of not less citizens than 5% of the electorate, the Congress, by law requiring the approval of a majority of members of both Houses may submit to referendum a constitutional reform that the same Congress incorporated into the law. The referendum will be presented so that voters can choose freely on the agenda or articulated voting vote positively and negatively.
The adoption of amendments to the Constitution via referendum requires the affirmative vote of more than half of the voters and that their number exceeds a quarter of all citizens that make up the electoral roll. Editor's Notes
ARTICLE 34. CONVOCATION OF REFERENDUM. It issued certificates by the Registrar of the corresponding Civil State, on the number of required support, as well as the ruling of the Constitutional Court, the national, departmental, district, municipal government or relevant local, convene the referendum by decree, the term of eight days and take other measures necessary for its implementation.
(Exequible, in the sense described in Judgment C-180 of 1994 of the Constitutional Court). Editor's Notes
CHAPTER 2. FIELD OF referenda.
ARTICLE 35. MATERIALS THAT MAY BE referenda. They may be subject to referenda bills, ordinance, agree or local resolution within the competence of the public corporation of the respective constituency in accordance with Article 29 of this Law.
To derogatory effects of the referendum are laws issued by Congress and the decrees issued by the President of the Republic in exercise of extraordinary powers it has conferred; are ordinances issued by the departmental assemblies and decrees issued by the governor force ordinance; agreements are issued by the municipal councils and mayors issued decrees strongly agree; and the resolutions are issued by the local administrative bodies and resolutions issued by the local mayor, all in accordance with the extraordinary powers granted for such an event. Editor's Notes
ARTICLE 36. REFERENDUM OF CERTAIN LEGISLATIVE ACTS derogatory. They must submit to referendum the constitutional reforms approved by Congress, where they relate to the rights recognized in Chapter I of Title II and their guarantees, procedures of popular participation, or Congress, if requested, within six following the enactment of the legislation, five percent of the citizens who make up the electoral roll months. Editor's Notes
ARTICLE 37. WHEN THERE'S NO PLACE TO REFERENDUM derogatory. If before the date set for the vote on a referendum to repeal a legislative act, a law, ordinance, a local agreement or a local resolution, the respective corporation repealing it, there will be no place for the referendum. Effective Jurisprudence
CHAPTER 3. REFERENDUM CAMPAIGN.
ARTICLE 38. PERIOD FOR COLLECTION OF SUPPORT. Inscribed demand for referendum, the electoral organization set a deadline of one month for the registration of other legislative and regulatory initiatives on the same subject, be they complementary or contradictory of the first, provided they have been considered and not approved by Congress or the corresponding Administrative Corporation. After this period, it begins the six months to collect additional signatures of citizens. No citizen may enter more support for an initiative.
Will be submitted to referendum initiative submitted to the Registrar of the corresponding Civil State, within the aforementioned term, which, according to the same certification Registrar, has collected the highest number of valid support, as long as this number is at least equal to required by this Act, and its promoters will campaign for the yes.
The promoters of other initiatives will campaign for the yes or no, and enjoy the special benefits that address the following items, if the initiative promoting achieved, at least, the support of ten percent citizens who make up the respective electoral census, as certified by respective Registrar.
PARÁGRAFO. No new initiatives will be admitted on the same subject before the referendum process has completed in all its parts. Editor's Notes
DATE FOR COMPLETION OF THE REFERENDUM. The referendum must be held within six months following the submission of the application.
In the case of a referendum national, departmental, municipal or local, the vote may not coincide with any other election. It may not be combined vote of more than three referenda for the same date. Editor's Notes
ARTICLE 40. TERMINATION OF CAMPAIGNS. The campaigns of all citizen participation processes regulated by this Law, and culminating with a vote will end at 12 pm the day prior to stated for the same day. Editor's Notes
CHAPTER 4. REFERENDUM VOTE AND ADOPTION OF THE DECISION.