By Which Approves The "treaty Establishing The Conference Of Ministers Of Justice Of Ibero-American Countries", Signed In Madrid On October 7, 1992

Original Language Title: Por medio de la cual se aprueba el "Tratado Constitutivo de la Conferencia de Ministerios de Justicia de los Países Iberoamericanos", suscrito en Madrid el 7 de octubre de 1992

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1994 ACT 176

(December 22)

Official Journal No. 41,643 of 22 December 1994

By means of which the "Constitutional Treaty of the Conference of Ministers of Justice of the Ibero-American Countries", signed in Madrid on October 7, 1992, is approved.

THE CONGRESS OF COLOMBIA,

DECRETA:

Having regard to the text of the "Constitutional Treaty of the Conference of Ministers of Justice of the Ibero-American Countries", signed in Madrid on October 7, 1992:

CONFERENCE CONSTITUTIVE TREATY

OF JUSTICE MINISTERS OF THE

IBERO-American COUNTRIES

The States signatory to this Treaty

Aware of the deep historical, cultural and legal ties that unite them

Wishing to translate such links into legal instruments of cooperation

Acknowledging the important contribution to this task, which has been carried out to the present by the Conference of Ministers of Justice of the Hispanic Countries-Luso-Americans, established by the Madrid Act of 1970

Determined to continue such work, equipping itself with an adequate international instrument

Whereas the Conference of Ministers of Justice of the Hispanic Countries-Luso-Americans at its meeting in Acapulco in 1988 recommended the holding of an extraordinary Conference of Plenipotentiaries in Spain in 1992 on the occasion of the Fifth Centenary, to adopt such an instrument.

They have resolved, to adopt an International Treaty establishing the Conference of Ministers of Justice of Ibero-American Countries and to this effect they have appointed their respective plenipotentiaries, whose powers have been recognized in good and due form, who for this purpose have agreed upon the following provisions:

CONSTITUTION

ARTICLE 1o. The Conference of Ministers of Justice (hereinafter the Conference) of the Ibero-American Countries is an intergovernmental organization from the transformation of the Conference of Ministers of Justice Hispanic-Luso-Americans and the Philippines, established by the Madrid Act of 19 September 1970.

SEDE

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ARTICLE 2o. The Conference is based in Madrid.

FINES

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ARTICLE 3o.

1. The aim of the Conference is to study and promote forms of legal cooperation between Member States and to this effect:

a) Else cooperation programs and analyzes their results;

b) Adopts Treaties of a legal nature;

c) Adopts Resolutions and formulates Recommendations to States;

d) Promotes consultations among member countries on issues of a legal nature and common interest and designates Expert Committees;

e) Choose the members of the Delegate Commission and the Secretary General;

f) Carry out any other activity aimed at achieving the objectives that are your own.

2. For the best achievement of its aims, the Conference can establish relations with other organizations and especially with the Organization of American States, the Council of Europe and the European Community.

NONINTERFERENCE PRINCIPLE

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ARTICLE 4. In no case will matters be admitted to matters which, according to the criterion of the country concerned, involve interference in their internal affairs.

MEMBERS

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ARTICLE 5o.

1. The Conference is open to all the Member States of the Community of Ibero-American Countries represented by the Ministers of Justice or equivalent. Each State party shall have one vote.

2. The exclusion or suspension of a State party can only be produced by a two-thirds vote of the States party.

LANGUAGES

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ARTICLE 6o. The official and working languages of the Conference with Spanish and Portuguese.

ORGANOS

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ARTICLE 7o. They are the organs of the Conference, the Delegate Commission and the Permanent Secretary General.

QUORUM

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ARTICLE 8o.

1. The Conference is validly constituted with the majority of States Parties.

2. The recommendations addressed to the States Parties, the adoption of Treaties and the adoption of the budget and their liquidation will require a majority of two-thirds of States Parties present.

3. The other resolutions shall require a simple majority of States Parties present.

PERSONALITY

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ARTICLE 9o. The Conference will have legal personality.

PRIVILEGES AND IMMUNITIES

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ARTICLE 10. The Conference shall enjoy in all States party to the privileges and immunities, in accordance with International Law, required for the exercise of its functions. Such privileges and immunities may be defined by agreements concluded by the Conference and the State concerned.

FINANCIAL

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ARTICLE 11.

1. The budget of the Conference shall be financed by contributions from the States Parties, according to the rules of distribution established by the Conference, taking into account the level of economic development of each of them.

2. The budget shall be triennial and shall be drawn up by the General Secretariat. The Conference approves the budget and its implementation.

DELEGADA COMMISSION

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ARTICLE 12.

1. The Conference's Delegation is composed of five members, elected in each of the Conferences among the participants, by a majority of the half plus one of the votes cast. Their mandate lasts until the new election and their members can be re-elected.

DELEGATED COMMISSION FUNCTIONS

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ARTICLE 13.

1. The delegated Commission assumes, when the Conference is not convened, the tasks assigned to it in paragraphs (a), (d) and (f) of Article 3 (1), agrees to convene the Conference, stating the place and date of the meeting; draft agenda in accordance with the priorities set by the Conference and adopts the texts to be submitted to the Conference decision.

PERMANENT GENERAL SECRETARY

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ARTICLE 14.

1. The Permanent Secretary-General of the Conference is composed of a Secretary-General elected by the Conference.

FINAL PROVISIONS

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ARTICLE 15.

1. This Treaty shall be open to the signature of the Member States of the Community of Ibero-American Countries.

2. The duration of this Treaty is unlimited.

3. Any Contracting State may denounce it by sending a notification to the Secretary-General. The complaint shall take effect six months after the date of notification.

4. This Treaty shall be subject to ratification or accession and the respective instruments shall be deposited with the Permanent Secretariat of the Conference.

5. Until the entry into force of this Treaty, the Final Act of the Madrid Conference of 19 September 1970, as well as the regulation adopted by Resolution No 4 of the Conference of Ministers of Justice of the countries, will continue to apply. Hispanic-Luso-Americans and the Philippines.

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ARTICLE 16.

1. This Treaty shall enter into force on the first day of the third month following that in which the seventh instrument of ratification or accession is deposited with the Permanent Secretariat of the Conference.

2. With reference to each of the States ratifying or acceding to it after the date of the deposit referred to in the preceding number, the Treaty shall enter into force on the 90 days from the deposit of the respective instrument of ratification or adhesion.

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ARTICLE 17.

1. The Secretary-General of the Conference shall notify the States which are a party to this Treaty:

a) The deposit of instruments of ratification or accession;

b) The date of entry into force of the Treaty;

c) Any denunciation of the Treaty and the date on which the notification was received.

Made in Madrid at October 7, thousand nine hundred

ninety-two, in two copies, in Spanish languages

and Portuguese, whose texts are equally authentic.

In testimony of which, the undersigned Plenipotentiaries,

duly authorised to do so by their respective governments,

have signed this Treaty.

Elaborated en Madrid em 7 de Outubro de mil novecentos

e ninety e dois, em duplicate, em dois languages, espanhol

e portuguese, cujos textos tem a mesma authenticidade.

Em seu testemunho os Plenipotentiaries abaixo assinados,

authorized for or efeito seus seus respective Govenos,

assinaram or this Treaty

-

MARCELINO CABANAS RODRÍGUEZ,

Secretary General of the Conference of Ministers of Justice

of the Hispanic Countries-Luso-Americans and the Philippines,

CERTIFICATE:

That the previous text of the "Constitutional Treaty of the Conference of Ministers of Justice of the Ibero-American Countries", duly authenticated with my signature, faithfully agrees with the original deposited in the Permanent General Secretariat of my position.

In Madrid, four February from one thousand nine hundred and ninety-three.

EXECUTIVE BRANCH OF THE PUBLIC POWER-PRESIDENCY OF THE REPUBLIC

Santafe de Bogota, D.C., 1o. of June 1993.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

(Fdo.) NOEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1o. Approve the "Constitutional Treaty of the Conference of Ministers of Justice of the Ibero-American Countries", signed in Madrid on October 7, 1992.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Constitutional Treaty of the Conference of Ministers of Justice of the Ibero-American Countries", signed in Madrid on 7 October 1992, which is approved by the first article of this Law, will force the country from the date on which it is perfect the international link with respect to the same.

ARTICLE 3o. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JUAN GUILLERMO ANGEL MEJIA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

ALVARO BENEDETTI VARGAS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.

Contact and post.

Execute previous Constitutional Court review,

pursuant to article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., at 22 December 1994.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of Justice and Law,

NESTOR HUMBERTO MARTINEZ NEIRA.

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