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Whereby The Performance Caucuses Members Of Public Corporations Is Regulated And Regulation Of Congress Fits The Scheme Bancadas

Original Language Title: Por la cual se reglamenta la actuación en bancadas de los miembros de las corporaciones públicas y se adecúa el Reglamento del Congreso al Régimen de Bancadas

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974 OF 2005

(July 22)

Official Journal No. 45.980 of 25 July 2005

For which the performance of the members of the public corporations is regulated and the Congress Regulations are adapted to the Banking System.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

BANKING SYSTEM.

ARTICLE 1o. BANCADAS. The members of the Public Corporations elected by the same party, social movement or significant group of citizens constitute a bench in the respective corporation.

Each member of a Public Corporation will belong exclusively to one Banada.

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ARTICLE 2o. PERFORMANCE ON BENCHES. The members of each bench will act as a group and will coordinate and employ democratic mechanisms to make their decisions within public corporations in all issues that the Statutes of the respective Party or Political Movement do not establish as consciousness.

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ARTICLE 3o. FACULTIES. The benches shall be entitled, in the manner provided for in this law, to promote citations or debates and to intervene in them, to participate with a voice in the plenary sessions of the respective Corporation; to intervene in a preferential manner in the sessions in which normative projects are voted; to submit motions of any kind; to make interpellations; to request nominal or party votes and to apply candidates.

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The foregoing without prejudice, of the powers or attributions that under the Congressional Rules of Procedure are conferred individually to the congressmen, to to promote subpoenas or debates and to intervene in them, to participate with voice in the plenary sessions of the respective corporation; to intervene in a preferential way in the sessions in those who vote on normative projects; to submit motions of any type; to make interpellings; to request nominal or party votes and to apply candidates, as well as quorum verifications, order motions, motions of sufficient illustration and the other provisions laid down in that Regulation.

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ARTICLE 4. STATUTES. The parties shall establish in their statutes the special rules for the operation of their seats and the mechanisms for the coordination of their decisions within public corporations, in which they are established. different obligations and responsibilities as regards the performance of legislative, political or electoral control functions by the respective corporation.

Also, they will determine the right to your internal disciplinary regime. They may impose penalties for non-compliance with their guidelines, which shall be gradually fixed until expulsion, and may include the loss of the right to vote of the member of the respective public corporation, observing due process.

In any case, the sanction must be communicated to the Board of Directors of the respective Corporation, so that through it it is complied with, provided that this implies limitation of the congressional rights.

The party statutes will also provide for strict penalties for repeated inattendance at banal meetings, which may include the temporary loss of the right to vote.

The inattendance at the meetings of the benches will not excuse the absent from acting in accordance with the decisions taken by them, and if it does not do so it will be subject to the sanctions provided for by the statutes of the party or movement. political for the violation of the seat regime.

In the event of the imposition of a penalty by a party or movement to one of its members, the appeal in the suspensory effect, which shall be taken within the same party and before the corresponding instance determined by the parties, shall proceed. statutes.

The voluntary withdrawal of a member of the Public Corporation from the party or political movement or citizen in whose name was chosen implies the failure of the duty to constitute a bench, and as such may be sanctioned as a violation of the Bench in the terms of the Constitution and the law.

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ARTICLE 5o. benches shall take decisions in accordance with the provisions of the second article of this law. When the decision on a topic is to release its members to vote according to their individual criteria, this will be recorded in the respective minutes of the meeting of the bench.

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The bench can take this decision when it comes to matters of conscience, or those in which, for reasons of political expediency, legislative procedure or controversy In the case of the House of Representatives, the members of the benches decide not to adopt a single decision.

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When there is a tie between its members you will understand that they are free to vote.

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ARTICLE 6o. SESIONS. The seats shall be held at least once a month at the place and time they determine.

CHAPTER II.

CONGRESS REGULATION.

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ARTICLE 7o. Article 41 of the 5th Act of 1992 will remain so:

"Article 41. attributions. As the guidance and management body of the respective Chamber, each Board of Directors shall fulfil the following tasks:

1. Adopt the necessary and necessary decisions and measures for a better internal organization, in order for efficient legislative and administrative work.

2. Present, in association with the Board of Directors of the other Chamber, the Annual Draft Budget of the Congress, and send it to the Government for consideration in the final bill on income and expenses of the Nation.

3. Request reports from the management and administrative organization of each of the Chambers on the progress made and plans to develop, and monitor the implementation of the Annual Congressional Budget.

4. To issue the additional rules of operation of the General Secretariat and the Secretariat of the Commissions.

5. To arrange for joint sessions of the Permanent Constitutional Committees of the same or both Chambers, where appropriate or necessary, and in agreement with the Board of Directors of the other Chamber, in the case of second event. The resolutions will express this.

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6. Monitor the functioning of the Commissions and ensure timely compliance with the activities entrusted to them.

7. Request the State Council to declare a loss of the investiture of Congressman, in the terms of the article 184 constitutional and this regulation.

8. Authorize official commissions of Congressmen outside the seat of Congress, provided they do not involve the use of money from the treasury.

9. Issue motions for mourning and recognition when they are conducive.

10. Give them compliance with the disciplinary sanctions imposed on the members of the benches.

11. To exercise the other functions which in the internal order and management of each Chamber are not attached to a specific body, and the others to which the regulation lays down. "

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ARTICLE 8o. Article 68 of the 5th Act of 1992 will remain so:

"Article 68. Location of the Congressmen and Ministers. The members of the Senate and the House of Representatives, which will be distributed by seats, as well as the Ministers of the Office, will have seats in the legislative chamber. "

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ARTICLE 9o. Article 80 of the 5th Act of 1992 will be as follows:

"Article 80. Elaboration and continuation. The respective Directives shall lay down the agenda for the plenary sessions and the Permanent Commissions. Each bench shall have the right to include at least one project of its interest.

When in one session the order of the day noted for it has not been exhausted, the next order will continue the same order until its conclusion. "

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ARTICLE 10. Article 97 of the 5th Act of 1992 will remain so:

"Article 97. Interventions. To make use of the word, prior authorization of the Presidency is required. The Board of Directors will set the time for the interventions each of the speakers taking into account the extent of the project and the complexity of the subject.

The use of the word will be granted as follows:

1. To the rapporteur (s) to support his report, with the proposal or reason for the summons.

2. To spokespeople and members of the benches, for up to twenty minutes per group. Where the bench represents at least twenty per cent of the seats in the corresponding Chamber, the speaking time may be extended for up to ten minutes.

3. To the speakers in the order in which they were registered with the Secretariat. No individual intervention, in this instance, may last longer than 10 minutes.

4. Public servants who have the right to intervene.

5. The spokespersons of the benches will be able to intervene again and the interventions will be closed.

No speaker will be able to refer to a topic different from the one under discussion, and their unawareness will force the Presidency to draw attention and suspend the right to continue in the intervention.

All speakers must register with the Secretariat for up to five minutes before the time set for the start of the session. They will use the word for once in the discussion of a topic.

In the process of constitutional laws and reforms, its authors and speakers will be able to intervene as many times as necessary.

Spokespeople will be able to intervene without the prior enrollment requirement. "

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ARTICLE 11. Article 102 of the 5th Act of 1992 will remain so:

"Article 102. Duration of the interventions. The time of the interventions shall be set by the Board of Directors in accordance with the provisions of Article 97 of this Statute. "

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ARTICLE 12. Article 103 of the 5th Act of 1992 will remain so:

"Article 103. Number of interventions. You cannot intervene more than twice in the discussion of a proposal or in its modification, except for the author of the project and the author of the modification, or the spokespersons for the benches.

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And you cannot talk more than once when it comes to:

1. Proposals to alter or defer the order of the day.

2. Points of order.

3. Suspension proposals or which have the right to start or continue on the order of the day.

4. Appeals of what is resolved by the Presidency, or recall.

5. Proposals for a project to return to the first debate ".

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ARTICLE 13. Article 140 of the 5th Act of 1992 will remain so:

"Article 140. Legislative initiative. They can present bills:

1. The Senators and Representatives to the House individually and through the benches.

2. The National Government, through the Ministers of the Dispatch.

3. The Constitutional Court.

4. The Superior Council of the Judicature.

5. The Supreme Court of Justice.

6. The State Council.

7. The National Electoral Council.

8. The Attorney General of the Nation.

9. The Comptroller General of the Republic.

10. The Attorney General of the Nation.

11. The Ombudsman ".

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ARTICLE 14. Article 150 of the 5th Act of 1992 will remain so:

"Item 150. Rapporteur's designation. The appointment of the rapporteurs shall be the power of the Board of Directors of the respective Commission. Each bill will have one speaker, or several, if the conveniences advise. In any case there will be a coordinating rapporteur who, in addition to organizing the work of the paper, will help the president in the process of the respective project.

When a draft legislative or legislative act is presented by a bench, it shall be entitled to appoint the rapporteur, or at least one of the rapporteurs when the presentation is collective.

When the presentation is collective the Board of Directors must guarantee the representation of the different benches in the designation of the speakers ".

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ARTICLE 15. Article 174 of the 5th Act of 1992 will remain so:

"Article 174. Designation of speaker. The same procedure provided for in Article 150 will be followed for the appointment of the rapporteur for the second debate.

The term for presentation of the papers will be set by the respective Board of Directors and will be defined between five (5) to fifteen (15) days according to the significance and the normative volume of the proposal, as well as the category of law of in question.

The rapporteur will give his report within the deadline set by the Bureau. In the event of non-compliance, the Board of Directors will replace it, giving the House a report in the Plenary Session following the date of removal.

All papers must end with a proposal that will be voted by the Constitutional Commissions or the plenary of the respective Corporation. "

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ARTICLE 16. Article 176 of the 5th Act of 1992 will be as follows:

" Article 176. Discussion. The rapporteur will give succinctly to the significance and scope of the project. The speakers may then take the floor in accordance with the provisions of Article 97 of this Regulation.

If the proposition with which the report ends is approved, the project will be discussed globally, unless a Minister or member of the respective Chamber asks for their discussion separately to some or some articles. "

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ARTICLE 17. Article 187 of the 5th Act of 1992 will remain so:

"Article 187. Composition. These Commissions will be composed of members of the respective Permanent Commissions who took part in the discussion of the projects, as well as by their authors and rapporteurs and those who have made reservations, observations or proposals in the Plenaries.

In any case, the Mesas Directives shall ensure the representation of the seats in such Commissions. "

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ARTICLE 18. Article 263 of the 5th Act of 1992 will remain so:

"Article 263. Commitment and responsibility. The members of the Legislative Chambers represent the people, and must act on benches, in consultation with justice and the common good, and in accordance with the provisions of the statutes of their party or political movement or citizen.

They are politically accountable to society and to their constituents in fulfilling the obligations of their investiture. "

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CHAPTER III.

FINAL PROVISIONS.

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ARTICLE 19. The provisions of this law apply in the relevant to the Bancadas that act in the Departmental Assemblies, the Municipal or District Councils and the Local Administrative Boards.

PARAGRAFO TRANSIENT. Parties, political movements, social movements, or significant groups of citizens will have 90 days from the time of this law, to adjust their statutes of the present banking system.

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ARTICLE 20 TRANSIENT.

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ARTICLE 21. VALIDITY AND REPEAL. This law applies from July 19, 2006, and repeals the rules that are contrary to it. The transient article is excepted.

The President of the honorable Senate of the Republic,

Luis Humberto Gomez Gallo.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon Otero Dajud.

The President of the honorable House of Representatives,

Zulema Jattin Corrales.

The Secretary General of the honorable House of Representatives,

Angelino Lizcano Rivera.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada in Bogotá, D. C., on July 22, 2005.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

Sabas Pretelt de la Vega.

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