CONSTITUTION 1967 WITH THE AMENDMENTS PLEBISCITED ON NOVEMBER 26, 1989, NOVEMBER 26, 1994 AND DECEMBER 8, 1996
SECTION I
OF THE NATIONNation A collective consciousness, founded in ancient origin within a geographic area, with definite history and heritage, culture and way of life, language and literature, food and clothing, coupled with a deep understanding of war and peace is to be known as a nation. Rasra is the Vedic word for it. AND ITS SOVEREIGNTY
CHAPTER I
Article 1.- The Eastern RepublicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of Indian judges, presidential power is a vanishing point. of Uruguay is the political association of all the inhabitants included within its territory.
Article 2 .- She is and will be forever free and independent of all foreign power.
Article 3.- It will never be the property of individuals or of any family.
CHAPTER II
Article 4.- Sovereignty in all its fullness exists radically in the Nation, which has the exclusive right to establish its laws, in the way that will be expressed later.
CHAPTER III
Article 5.- All religious cults are free in Uruguay. The State does not support any religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma.. The Catholic ChurchChurch A creedal political organization of Christian People (Ecclesia) created by Constantine with a reading manual (Bible), Bishop as prince and CEO, and deacons as servants in a given jurisdiction within Roman provinces. A church prayer house is also called a church (building). Christian groups are divided into Roman Catholics, Orthodox, and countless reformed denominations. A church is maintained by donations and taxation from its members. recognizes the domain of all the temples that have been totally or partially built with funds from the National Treasury, excepting only the chapels intended for the service of asylums, hospitals, prisons or other public establishments. It also declares that temples consecrated to the worship of various religions are exempt from all kinds of taxes.
CHAPTER IV
Article 6.- In the international treaties that the Republic celebrates, it will propose the clause that all the differences that arise between the contracting parties will be decided by arbitration or other peaceful means. The Republic will seek the social and economic integration of the Latin American States, especially with regard to the common defense of their products and raw materials. Likewise, it will promote the effective complementation of its public services.
SECTION II
RIGHTS, DUTIES AND GUARANTEES
CHAPTER I
Article 7.- The inhabitants of the Republic have the right to be protected in the enjoyment of their life, honor, liberty, security, work and property. No one may be deprived of these rights except in accordance with the laws established for reasons of general interest.
Article 8 .- All people are equal before the law, not recognizing any other distinction between them but that of talents or virtues.
Article 9º.- The foundation of estates is prohibited. No authority of the Republic may grant any title of nobility, nor hereditary honors or distinctions.
Article 10 .- The private actions of people who in no way attack public order or harm a third party, are exempt from the authority of the magistrates.
No inhabitant of the Republic shall be forced to do what the law does not command, nor deprived of what it does not prohibit.
Article 11.- The home is an inviolable sacred. At night, no one may enter it without the consent of their boss, and during the day, only by express order of a competent Judge, in writing and in the cases determined by law.
Article 12 .- No one can be punished or confined without a process and legal sentence.
Article 13.- Ordinary law may establish trial by jury in criminal cases.
Article 14.- The penalty of confiscation of property may not be imposed for reasons of a political nature.
Article 15.- No one can be imprisoned except in flagrante delicto or having semi-full proof of it, by written order of a competent Judge.
Article 16 .- In any of the cases of the previous article, the Judge, under the most serious responsibility, will take the arrestee’s statement within twenty-four hours, and within forty-eight, at most, the summary will begin. The defendant’s statement must be taken in the presence of his defense attorney. This will also have the right to attend all summary proceedings.
Article 17.- In case of undue imprisonment, the interested party or any person may file a “habeas corpus” appeal before the competent Judge, so that the arresting authority immediately explains and justifies the legal reason for the arrest, being decided by the appointed Judge.
Article 18.- The laws will establish the order and formalities of the trials.
Article 19.- Trials by commission are prohibited.
Article 20.- The oaths of the accused in their statements or confessions, on their own act, are abolished; and forbidden to be treated in them as criminals.
Article 21.- The criminal trial in absentia is also prohibited. The law will provide what is convenient in this regard.
Article 22.- Every criminal trial will begin with an accusation by a party or the public prosecutor, secret investigations being abolished.
Article 23.- All Judges are responsible before the law, for the smallest aggression against the rights of people, as well as for separating from the order of proceeding established therein.
Article 24.- The State, the Departmental Governments, the Autonomous Entities, the Decentralized Services and, in general, any State body, will be civilly liable for the damage caused to third parties, in the execution of public services, entrusted to their management or address.
Article 25.- When the damage has been caused by its officials, in the exercise of their functions or on the occasion of that exercise, in case of having acted with gross negligence or fraud, the corresponding public body may repeat against them, whatever paid in repair.
Article 26.- The death penalty will not be applied to anyone.
In no case will prisons be allowed to serve to mortify, and only to insure the accused and convicts, pursuing their reeducation, aptitude for work and the prophylaxis of crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor..
Article 27.- In any state of a criminal case that does not result in a prison sentence, the Judges may set the accused free, giving bail according to the law.
Article 28 .- The papers of individuals and their epistolary, telegraphic or any other kind of correspondence, are inviolable, and can never be registered, examined or intercepted except in accordance with the laws established for reasons of general interest.
Article 29.- It is entirely free in all matters the communication of thoughts by words, private writings or published in the press, or by any other form of disclosure, without the need for prior censorship; being responsible the author and, where appropriate, the printer or issuer, in accordance with the law for the abuses they commit.
Article 30.- Every inhabitant has the right to petition before any and all authorities of the Republic.
Article 31.- Individual security may not be suspended except with the consent of the General Assembly, or when it is dissolved or in recess, of the Permanent Commission, and in the extraordinary case of treason or conspiracy against the country; and then only for the apprehension of criminals, without prejudice to the provisions of paragraph 17 of article 168 .
Article 32.- Ownership is an inviolable right, but subject to the provisions of the laws established for reasons of general interest. No one may be deprived of his property rights except in cases of public need or utility established by law and always receiving fair and prior compensation from the National Treasury. When the expropriation is declared due to public necessity or utility, the owners will be compensated for the damages and losses they suffer due to the duration of the expropriation procedure, whether or not the expropriation is consumed; including those derived from variations in the value of the currency.
Article 33.- The intellectual work, the right of the author, the inventor or the artist, will be recognized and protected by law.
Article 34.- All the artistic or historical wealth of the country, whoever its owner, constitutes the cultural treasure of the Nation; It will be under the protection of the State and the law will establish what it deems appropriate for its defense.
Article 35.- No one will be obliged to provide aid, whatever kind it may be, for the armies, nor to open their house for military accommodation, except by order of the civil magistrate according to the law, and will receive from the Republic the indemnity of the damage inflicted in such cases.
Article 36.- Any person may engage in work, farming, industry, commerce, profession or any other lawful activity, except for the limitations of general interest established by law.
Article 37 .- The entry of every person in the territory of the Republic, their stay in it and their exit with their property is free, observing the laws and except third party damages.
Immigration must be regulated by law, but in no case will the immigrant suffer from physical, mental or moralMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. defects that could harm society.
Article 38.- The right to peaceful and unarmed assembly is guaranteed. The exercise of this right may not be ignored by any authority of the Republic except by virtue of a law, and only insofar as it opposes public health, safety and order.
Article 39.- All persons have the right to associate, whatever the object they pursue, provided that they do not constitute an illegal association declared by law.
CHAPTER II
Article 40.- The family is the basis of our society. The State will ensure their moral and material stability, for the best education of children within society.
Article 41 .- The care and education of children so that they reach their full physical, intellectual and social capacity, is a duty and a right of parents. Those who have numerous offspring in their care are entitled to compensatory aid, whenever they need it.
The law shall provide the necessary measures so that children and youth are protected against bodily, intellectual or moral abandonment by their parents or guardians, as well as against exploitation and abuse.
Article 42.- Parents have the same duties with respect to children born out of wedlock as with respect to those born in it.
Maternity, whatever the condition or status of the woman, has the right to the protection of society and its assistance in case of abandonment.
Article 43.- The law will ensure that child delinquency is subject to a special regime in which women will participate.
Article 44 .- The State will legislate in all matters related to public health and hygiene, seeking the physical, moral and social improvement of all the country’s inhabitants.
All inhabitants have the duty to take care of their health, as well as to assist themselves in case of illness. The State will provide the means of prevention and assistance free of charge only to those who are indigent or lack sufficient resources.
Article 45.- Every inhabitant of the Republic has the right to enjoy decent housing. The law will tend to ensure hygienic and affordable housing, facilitating its acquisition and stimulating the investment of private capital for that purpose.
Article 46 .- The State will give asylum to indigents or those lacking sufficient resources who, due to their chronic physical or mental inferiority, are unable to work.
The State will fight by means of the law and the International Conventions, the social vices.
Article 47.- The protection of the environment is of general interest. People must refrain from any act that causes serious depredation, destruction or contamination of the environment. The law will regulate this provision and may provide sanctions for transgressors.
Article 48.- The inheritance right is guaranteed within the limits established by law. The ascending straight line and the descending one will have a preferential treatment in the tax laws.
Article 49.- The “family asset”, its constitution, conservation, enjoyment and transmission, will be subject to special protective legislation.
Article 50 .- The State will guide the foreign trade of the Republic protecting productive activities whose destination is exportExport How to export: Canada-India-USA or that replace imported goods. The law will promote investments destined for this purpose, and will preferentially channel public savings to this destination.
Every commercial or industrial organization trustified will be under the control of the State.
Likewise, the State will promote decentralization policies, in order to promote regional development and general welfare.
Article 51.- The State or the Departmental Governments, as the case may be, will condition the establishment and validity of public service rates charged to concessionaire companies to their approval.
The concessions referred to in this article may not be granted in perpetuity in any case.
Article 52.- Usury is prohibited. The law that establishes a maximum limit on interest on loansis of public orderThis will determine the penalty to be applied to the offenders.
No one may be deprived of their liberty for debts.
Article 53.- The work is under the special protection of the law.
Every inhabitant of the Republic, without prejudice to his freedom, has the duty to apply his intellectual or bodily energies in a way that benefits the community, which will seek to offer, preferably to citizens, the possibility of earning their livelihood through the development of an economic activity.
Article 54.- The law must recognize whoever is in a work or service relationship, as a worker or employee, the independence of their moral and civic conscience; fair remuneration; the limitation of the working day; weekly rest and physical and moral hygiene.
The work of women and those under eighteen years of age will be specially regulated and limited.
Article 55.- The law will regulate the impartial and equitable distribution of work.
Article 56.- Every company whose characteristics determine the permanence of the personnel in the respective establishment, will be obliged to provide adequate food and accommodation, under the conditions that the law will establish.
Article 57.- The law will promote the organization of trade unions, granting them franchises and dictating norms to recognize them as legal entities.
It will also promote the creation of conciliation and arbitration courts.
It is declared that the strike is a union right. On this basis, its exercise and effectiveness will be regulated.
Article 58.- Officials are at the service of the Nation and not of a political faction. In the places and hours of work, any activity outside the function is prohibited, considering illicit the one directed to the purpose of proselytizing of any kind.
Groups may not be constituted for proselytizing purposes using the denominations of public departments or invoking the link that the function determines between its members.
Article 59.- The law will establish the Civil Servant Statute on the fundamental basis that the civil servant exists for the function and not the function for the civil servant.
Its precepts will apply to dependent officials:
TO) Of the Executive Power, with the exception of the military, police and diplomats, which will be governed by special laws.
b) Of the Judiciary and the Contentious-Administrative Court, except in relation to the positions of the Judiciary.
c) Of the Court of Auditors.
D) Of the Electoral Court and its dependencies, without prejudice to the rules intended to ensure the control of political parties.
AND) Of the Decentralized Services, without prejudice to what is provided in this regard by special laws in view of the diverse nature of their tasks.
Article 60.- The law will create the Civil Service of the Central Administration, Autonomous Entities and Decentralized Services, which will have the tasks that it establishes to ensure an efficient administration.
The administrative career is established for the budgeted officials of the Central Administration, who are declared irremovable, without prejudice to what the law provides on the matter by absolute majority of votes of the total components of each Chamber and what is established in the fourth paragraph of this article.
His dismissal may only be carried out in accordance with the rules established in this Constitution.
Officials of a political nature or of a particular trust, established, with that quality, by law approved by an absolute majority of votes of the total components of each Chamber, who will be appointed and may be dismissed by the body, are not included in the administrative career. corresponding administrative
Article 61.- For career civil servants, the Civil Servant Statute will establish the conditions for entering the Administration, will regulate the right to stay in office, promotion, weekly rest and the annual and sick leave regimen; the conditions of the suspension or transfer; their functional obligations and administrative appeals against resolutions that affect them, without prejudice to the provisions of Section XVII .
Article 62.- The Departmental Governments will sanction the Statute for their officials, adjusting to the norms established in the preceding articles, and while they do not do so, the provisions that the law establishes for public officials will govern for them.
For the purposes of declaring the mobility of its officials and qualifying the positions of a political nature or of particular trust, three-fifths of the total number of components of the Departmental Board will be required.
Article 63 .- The Autonomous commercial and industrial Entities will project, within the year of promulgation of this Constitution, the Statute for the officials of their dependency, which will be submitted to the approval of the Executive Power.
This Statute will contain the provisions conducive to ensuring the normal functioning of the services and the guarantee rules established in the previous articles for officials, in what is reconcilable with the specific purposes of each Autonomous Entity.
Article 64.- The law, by two-thirds of the votes of the total components of each Chamber, may establish special regulations that, due to their generality or nature, are applicable to the officials of all the Departmental Governments and all the Autonomous Entities, or of some of them, depending on the case.
Article 65.- The law may authorize representative commissions of the respective personnel to be constituted in the Autonomous Entities, for the purpose of collaboration with the Directors for the fulfillment of the rules of the Statute, the study of the budgetary order, the organization of the services, labor regulation and application of disciplinary measures.
In public services managed directly or by concessionaires, the law may provide for the formation of competent bodies to deal with misunderstandings between service authorities and their employees and workers; as well as the means and procedures that the public authority may use to maintain the continuity of the services.
Article 66.- No parliamentary or administrative investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. on irregularities, omissions or crimes will be considered concluded while the accused official cannot present his defenses and articulate his defense.
Article 67.- General pensions and social security will be organized in such a way as to guarantee all workers, employers, employees and workers, adequate withdrawals and subsidies for cases of accidents, illness, disability, forced unemployment, etc.; and to their families, in case of death, the corresponding pension. The old-age pension constitutes a right for those who reach the limit of the productive age, after a long stay in the country and lack the resources to meet their vital needs.
The adjustments of the retirement and pension allocations may not be less than the variation of the Average Salary Index, and will be made on the same occasions in which adjustments or increases are established in the remuneration of the officials of the Central Administration.
The benefits provided for in the preceding paragraph will be financed on the basis of:
TO) Employee and employer contributions and other taxes established by law. Said resources may not be used for purposes other than those mentioned above, and
b) The financial assistance to be provided by the State, if necessary.
Article 68.- Freedom of education is guaranteed.
The law will regulate the intervention of the State for the sole purpose of maintaining public hygiene, moralityMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality., security and order.
Every parent or guardian has the right to choose, for the education of their children or pupils, the teachers and institutions they wish.
Article 69.- Private educational institutions and cultural institutions of the same nature will be exempt from national and municipal taxes, as a subsidy for their services.
Article 70.- Primary education and secondary, agrarian or industrial education are compulsory.
The State will promote the development of scientific research and technical education.
The law shall provide what is necessary for the effectiveness of these provisions.
Article 71.- The gratuity of official primary, secondary, higher, industrial and artistic education and physical education is declared to be of social utility; the creation of scholarships for improvement and cultural, scientific and labor specialization, and the establishment of popular libraries.
In all educational institutions, special attention will be given to the formation of the moral and civic character of the students.
CHAPTER III
Article 72.- The enumeration of rights, duties and guarantees made by the Constitution does not exclude others that are inherent to the human personality or are derived from the republican form of government.
SECTION III
OF CITIZENSHIP AND SUFFRAGE
CHAPTER I
Article 73.- The citizens of the Oriental Republic of Uruguay are natural or legal.
Article 74.- Natural citizens are all men and women born anywhere in the territory of the Republic. Natural citizens are also the children of an Eastern father or mother, regardless of the place of their birth, due to the fact that they live in the country and register in the Civic Registry.
Article 75.- They have the right to legal citizenship:
TO) Foreign men and women of good conduct, with a family incorporated in the Republic, who, having some capital in circulation or property in the country, or professing any science, art or industry, have three years of habitual residence in the Republic.
b) Foreign men and women of good conduct, without family established in the Republic, who have any of the qualities of the previous paragraph and five years of habitual residence in the country.
c) Foreign men and women who obtain a special grace from the General Assembly for notable services or relevant meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process..
Proof of residence must be based on a public or private instrument with a proven date.
The rights inherent to legal citizenship may not be exercised by foreigners included in subsections A) and B) until three years after the granting of the respective letter.
The existence of any of the grounds for suspension referred to in article 80 , will prevent the granting of the citizenship card.
Article 76.- Every citizen can be called to public employment. Legal citizens may not be designated until three years after the citizenship card has been granted.
Citizenship will not be required for the performance of teaching functions in higher education.
CHAPTER II
Article 77.- Every citizen is a member of the sovereignty of the Nation; as such he is an elector and eligible in the cases and forms that will be designated.
Suffrage will be exercised in the manner determined by law, but on the following bases:
1st) Compulsory registration in the Civic Registry.
2nd) Secret and compulsory vote. The LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis., by absolute majority of the total components of each Chamber, will regulate the fulfillment of this obligation.
3rd) Integral proportional representation.
4th) The judicial magistrates, the members of the Contentious-Administrative Court and the Court of Accounts, the Directors of the Autonomous Entities and of the Decentralized Services, the active military, whatever their rank, and the police officers of any category, must refrain from , under penalty of dismissal and disqualification for two to ten years from occupying any public employment, from being part of political committees or clubs, from signing party manifestos, authorizing the use of their name and, in general, carrying out any other public or private act of a political nature, except voting. It will not be considered included in these prohibitions,
It will be competent to know and apply the penalties of these electoral crimes, the Electoral Court. The complaint must be formulated before it by any of the Chambers, the Executive Power or the national authorities of the parties.
Notwithstanding the foregoing, in all cases the records will be passed on to the Ordinary Justice for any other purposes that may arise.
5th) The President of the Republic and the members of the Electoral Court may not form part of political commissions or clubs, nor act in the governing bodies of the parties, nor intervene in any way in political propaganda of an electoral nature.
6th) All elective corporations that are designated to intervene in suffrage issues must be elected with the guarantees set forth in this article.
7th) Any new Law of Civic Registry or Elections, as well as any modification or interpretation of those in force, will require two-thirds of the votes of the total components of each Chamber. This special majority will govern only for the guarantees of suffrage and election, composition, functions and procedures of the Electoral Court and electoral corporations. To decide on matters of expenses, budgets and their internal order, a simple majority will suffice.
8th) The Law may extend to other authorities by two-thirds of the votes of the total components of each Chamber, the prohibition of the 4th and 5th numerals.
9th) The election of the members of both Chambers of the Legislative Power and of the President and Vice President of the Republic, as well as that of any body for whose constitution or integration the laws establish the procedure of the election by the Electoral Body, with the exception of those referred to in the third paragraph of this numeral, it will be held on the last Sunday of the month of October every five years, without prejudice to the provisions of articles 148 and 151.
The lists of candidates for both Chambers and for the President and Vice President of the Republic must appear on an individual ballot paper with the motto of a political party.
The election of the Mayors, of the members of the Departmental Boards and of the other elective local authorities, will be held on the second Sunday of the month of May of the year following the national elections. The lists of candidates for departmental positions must appear on an individual ballot paper with the motto of a political party.
10) No Legislator or Intendant who resigns from office after being incorporated into it, shall be entitled to receive any compensation or liability that may correspond due to termination of office, until the full period for which he or she was elected has expired. This provision does not include cases of resignation due to illness duly justified before the Medical Board, nor those expressly authorized by three-fifths of the votes of the total corresponding Corps components, nor those Mayors who resign three months before the election. in order to be candidates.
eleven) The State shall see to it that political parties are guaranteed the broadest freedom. Without prejudice to this, the parties must:
to) effectively exercise internal democracyDemocracy It is a power word. power rests with the ordinary Citizens. Only educated people understand power. A corrupt or controlled court system can cover failure of it. The religious concept is incompatible with it. Promise to spend more from the public treasury moves to Dictatorship. in the election of its authorities;
b) give the maximum publicity to its Organic Letters and Programs of Principles, in such a way that the citizen can know them widely.
12) The political parties will elect their candidate for the Presidency of the Republic through internal elections that will regulate the law sanctioned by the vote of two thirds of the total components of each Chamber. By the same majority, it will determine the way of electing the candidate of each party for the Vice Presidency of the Republic and, while said law is not enacted, it will be up to what the competent party organs resolve in this regard. This law will also determine the way in which the vacancies of candidates for the Presidency and the Vice Presidency that occur after their election and before the national election will be filled.
Article 78.- They have the right to vote, without the need to previously obtain legal citizenship, foreign men and women, of good conduct, with a family constituted in the Republic, who possessing some capital in circulation or property in the country, or professing any science, art or industry, have habitual residence of fifteen years, at least, in the Republic.
Proof of residence will be based on a public or private instrument of proven date, and if the justification is satisfactory to the authority in charge of judging it, the foreigner will be enabled to exercise the vote since he is registered in the Civic Registry, authorized by the certification that, for the purposes, will be extended by that same authority.
CHAPTER III
Article 79.- The accumulation of votes for any elective position, with the exception of those of President and Vice President of the Republic, will be done through the use of the motto of the political party. The law by the vote of two thirds of the total components of each Chamber will regulate this provision.
Twenty-five percent of the total number of registered voters entitled to vote may file, within the year of its promulgation, the appeal for a referendum against the laws and exercise the right of initiative before the Legislative Power. These institutes are not applicable with respect to the laws that establish taxes. Nor do they fit in cases where the initiative is exclusive to the Executive Branch. Both institutes will be regulated by law, dictated by an absolute majority of the total components of each Chamber.
CHAPTER IV
Article 80.- Citizenship is suspended:
1st) Due to physical or mental ineptitude that prevents acting freely and reflexively.
2nd) Due to the condition of being legally prosecuted in a criminal case that could result in a prison sentence.
3rd) For not having reached eighteen years of age.
4th) By sentence that imposes a sentence of exile, prison, penitentiary or disqualification for the exercise of political rights during the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) of the sentence.
5th) Due to the habitual exercise of morally dishonorable activities, which will be determined by the sanctioned law in accordance with numeral 7 of article 77 .
6th) For being part of social or political organizations that, through violence, or propaganda that incites violence, tend to destroy the fundamental bases of nationality. For the purposes of this provision, those contained in Sections I and II of this Constitution are considered such .
7th) Due to the supervening lack of good conduct required in article 75 . These last two grounds will only apply to legal citizens. The exercise of the right granted by article 78 is suspended for the reasons listed above.
CHAPTER V
Article 81.- Nationality is not lost even by being naturalized in another country, it is simply enough, to recover the exercise of citizenship rights, to come to the Republic and register in the Civic Registry.
Legal citizenship is lost by any other form of subsequent naturalization.
SECTION IV
OF THE FORM OF GOVERNMENT AND ITS DIFFERENT POWERS
SINGLE CHAPTER
Article 82.- The Nation adopts the republican democratic form for its Government.
Its sovereignty will be exercised directly by the Electoral Body in cases of election, initiative and referendum, and indirectly by the representative Powers established by this Constitution; everything according to the rules expressed in it.
SECTION V
OF THE LEGISLATIVE POWER
CHAPTER I
Article 83.- The Legislative Power will be exercised by the General Assembly.
Article 84.- This will be composed of two Chambers: one of Representatives and another of Senators, which will act separately or jointly, according to the different provisions of this Constitution.
Article 85.- The General Assembly is responsible for:
1st) Form and order to publish the Codes.
2nd) Establish the Courts and arrange the Administration of Justice and Administrative Litigation.
3rd) Issue laws related to the independence, security, tranquility and decorum of the Republic; protection of all individual rights and promotion of enlightenment, agriculture, industry, domestic and foreign trade.
4th) Establish the necessary contributions to cover the budgets, their distribution, the order of their collection and investment, and suppress, modify or increase the existing ones.
5th) Approve or disapprove, in whole or in part, the accounts presented by the Executive Power.
6th) Authorize, at the initiative of the Executive Power, the National Public Debt, consolidate it, designate its guarantees and regulate public credit, requiring, in the first three cases, the absolute majority of votes of the total components of each Chamber.
7th) Declare war and approve or disapprove by absolute majority of votes of the total components of each Chamber, peace treaties, alliances, trade and conventions or contracts of any nature that the Executive Power celebrates with foreign powers.
8th) Designate the necessary armed force every year. The military troops may only be increased by the absolute majority of votes of the total components of each House.
9th) Create new Departments by a two-thirds majority vote of the total components of each Chamber; set your limits; enable ports; establish customs and export and import duties, applying, as regards the latter, the provisions of article 87 ; as well as declaring tourist areas of national interest, which will be attended by the respective Ministry.
10) Justify the weight, fineness and value of the coins; set the type and denomination of the same, and fix the system of weights and measures.
eleven) Allow or prohibit foreign troops from entering the territory of the Republic, determining for the first case, the time in which they must leave it. The forces that enter for the sole purpose of rendering honors are excepted, whose entry will be authorized by the Executive Power.
12) Deny or grant the departure of national forces outside the Republic, indicating, for this case, the time of their return to it.
13) Create or suppress public jobs, determining their endowments or withdrawals; and approve, disapprove or reduce the budgets presented by the Executive Power, agree on pensions and pecuniary rewards or of another kind and decree public honors to the great services.
14) Grant pardons by two-thirds of the votes of the total components of the General Assembly in a meeting of both Houses, and agree on amnesties in extraordinary cases, by an absolute majority of votes of the total components of each House.
fifteen) Make the militia regulations and determine the time and number in which they must meet.
16) Choose the place where the first authorities of the Nation should reside.
17) Grant monopolies, requiring two-thirds of the votes of the total components of each Chamber. To institute them in favor of the State or the Departmental Governments, an absolute majority of votes of the total components of each Chamber will be required.
18) Elect, in a meeting of both Chambers, the members of the Supreme Court of Justice, the Electoral Court, the Contentious-Administrative Court and the Court of Auditors, subject to the provisions of the respective Sections.
19) Politically judge the conduct of the Ministers of State, in accordance with the provisions of Section VIII .
twenty) Interpret the Constitution, without prejudice to the power that corresponds to the Supreme Court of Justice, in accordance with articles 256 to 261 .
Article 86.- The creation and suppression of jobs and public services; the fixing and modification of endowments, as well as the authorization for expenses, will be done through the budget laws, subject to the provisions of Section XIV .
Any other law that means expenses for the National Treasury, must indicate the resources with which they will be covered. But the initiative for the creation of jobs, endowments or withdrawals, or their increases, assignment or increase of pensions or pecuniary rewards, establishment or modifications of causes, calculations or retirement benefits will correspond, exclusively, to the Executive Power.
Article 87.- In order to sanction taxes, the affirmative vote of the absolute majority of the total components of each Chamber will be required.
CHAPTER II
Article 88.- The House of Representatives shall be made up of ninety-nine members elected directly by the people, in accordance with a system of proportional representation in which the votes cast in favor of each motto throughout the country are taken into account.
Accumulation may not be carried out by sublemas, nor by identity of candidate lists.
At least two Representatives will correspond to each Department.
The number of Representatives may be modified by Law, which will require, for its sanction, two-thirds of the votes of the total of the components of each Chamber.
Article 89 .- The Representatives will remain in office for five years and their election will be carried out with the guarantees and in accordance with the rules established for voting in Section III .
Article 90.- To be a Representative, natural citizenship in exercise, or legal citizenship with five years of exercise, and, in both cases, twenty-five years of age is required.
Article 91.- They cannot be Representatives:
1st) The President and Vice President of the Republic, the members of the Judiciary, the Court of Accounts, the Contentious-Administrative Court, the Electoral Court, the Councils or Directories or the Directors of the Autonomous Entities and of the Decentralized Services, of the Departmental Boards, of the Local Boards and the Mayors.
2nd) Military or civilian employees dependent on the Legislative, Executive or Judicial Powers, the Electoral Court, the Court of Administrative Litigation and the Court of Accounts, the Departmental Governments, the Autonomous Entities and the Decentralized Services, for paid services , with the exception of the retired or retired. This provision does not apply to those who hold university teaching positions or technical university positions with teaching functions; but if the elected chooses to continue performing them, he will be honorary for the duration of his mandate. The military who renounce their destiny and salary to enter the Legislative Body, will keep the rank, but while their legislative functions last, they cannot be promoted.
Article 92.- The President of the Republic, the Vice President of the Republic and the citizens who have replaced him cannot be candidates for Representatives, when they have held the Presidency for more than one year, continuous or discontinuous. Neither may the Judges and Legal Prosecutors, nor the Mayors, nor the police officials in the Departments in which they carry out their functions, nor the military in the region in which they have command of force or exercise any other military function, unless they resign. and cease in office three months prior to the electoral act.
For the Directors and Directors of the Autonomous Entities and of the Decentralized Services, the provisions of article 201 shall apply .
Article 93.- The Chamber of Representatives has the exclusive right to accuse before the Chamber of Senators the members of both Chambers, the President and Vice President of the Republic, the Ministers of State, the members of the Supreme Court of Justice, the Contentious-Administrative Court, the Court of Accounts and the Electoral Court, for violation of the Constitution or other serious crimes, after having learned about them at the request of one or more of its members and declared to have given rise to cause formation.
CHAPTER III
Article 94.- The Chamber of Senators shall be made up of thirty members, directly elected by the people, in a single electoral constituency, in accordance with the guarantees and norms for voting established in Section III and as expressed in the following articles .
It will also be integrated with the Vice President of the Republic, who will have voice and vote and will exercise his Presidency, and that of the General Assembly.
When the Presidency of the Republic takes over permanently or temporarily or in the event of a permanent or temporary vacancy of the Vice Presidency, those presidencies shall be held by the first holder of the most voted list of the most voted slogan and, if the same circumstances are repeated, the holder who follow you on the same list. In such cases, his alternate will be summoned, who will join the Senate.
Article 95.- The Senators will be elected by the integral proportional representation system.
Article 96.- The distribution of the positions of Senators obtained by different sublemas within the same party motto, will also be done proportionally to the number of votes cast in favor of the respective lists.
Article 97.- The Senators will last five years in their functions.
Article 98.- To be a Senator, natural citizenship in exercise or legal citizenship with seven years of exercise is needed, and, in both cases, thirty years of age.
Article 99.- The incompatibilities referred to in article 91 are applicable to Senators, with the exceptions established therein.
Article 100.- Judges and Legal Prosecutors, nor police officials, nor military personnel with command of force or in the exercise of any military activity, may not be candidates for Senators, unless they resign and cease to hold office three months prior to the election act.
For the Directors and Directors of Autonomous Entities and Decentralized Services, the provisions of article 201 shall apply .
Article 101.- The citizen who is elected Senator and Representative may choose between one position and another.
Article 102.- It is the responsibility of the Chamber of Senators to open a public trial to those accused by the Chamber of Representatives or the Departmental Board, as the case may be, and pronounce a sentence for the sole purpose of removing them from their positions, by two-thirds of the votes of the total number of it’s components.
Article 103.- The defendants, whom the Chamber of Senators have removed from their positions in accordance with the provisions of the previous article, will remain, however, subject to trial in accordance with the law.
SECTION VI
OF THE SESSIONS OF THE GENERAL ASSEMBLY
PROVISIONS COMMON TO BOTH CHAMBERS OF THE STANDING COMMITTEE
CHAPTER I
Article 104.- The General Assembly will begin its sessions on March 1 of each year, meeting until December 15, or only until September 15, in the event that there are elections, and then the new Assembly must begin its sessions on fifteenth of February following.
The General Assembly will meet on the indicated dates without the need for a special call from the Executive Power and will preside over its sessions and those of the Chamber of Senators until the Vice President of the Republic, the first head of the list of Senators with the most votes in the country, takes office. most voted slogan
Only for serious and urgent reasons the General Assembly or each of the Houses, as well as the Executive Power, may convene extraordinary sessions to end the recess and with the exclusive purpose of dealing with the matters that have motivated the call as well as the project of law declared of urgent consideration that had to study although it was not included in it. Likewise, the recess will be automatically suspended for the Chamber that has or receives, during the course of the recess, for its consideration, a project with a declaration of urgent consideration.
The simple convening of extraordinary sessions will not suffice to end the recess of the General Assembly or of each of the Chambers. For the recess to be interrupted, sessions must actually be held and the interruption will last as long as they are held.
CHAPTER II
Article 105.- Each Chamber will be governed internally by the regulation that is issued, and, meeting both in General Assembly, by the one established by it.
Article 106.- Each Chamber will appoint its President and Vice Presidents, with the exception of the President of the Chamber of Senators, with respect to whom the provisions of article 94 will govern .
Article 107.- Each Chamber will appoint its Secretaries and the staff of its dependency, in accordance with the regulatory provisions that must be established contemplating the rules of guarantees provided for in articles 58 to 66 , as appropriate.
Article 108.- Each House will approve, within the first twelve months of each Legislature, its budgets by three-fifths of votes of the total of its components and will communicate it to the Executive Power so that it can include them in the National Budget. These budgets will be structured by programs and will also be widely publicized.
Within the first five months of each legislative period, it may, by the same quorum, establish the modifications it deems essential.
If the budget has not been approved after the deadlines, the previous one will continue to apply.
Article 109.- None of the Chambers may open its sessions while more than half of its members are not in session, and if this has not been done on the day indicated by the Constitution, the minority may meet to compel those absent under the penalties that I will agree
Article 110.- The Chambers will communicate in writing with each other and with the other Powers, through their respective Presidents, and with the authorization of a Secretary.
Article 111.- Ex gratia pensions will be resolved by secret ballot and will require the agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. of the absolute majority of the total components of each Chamber.
The regulations of each Chamber may establish the secret ballot for the cases of nominations and appointments.
CHAPTER III
Article 112.- The Senators and the Representatives will never be responsible for the votes and opinions that they emit during the performance of their functions.
Article 113 .- No Senator or Representative, from the day of his election until the day of his dismissal, can be arrested, except in the case of an in flagrante delicto and then the respective Chamber will be informed immediately, with the summary information of the fact.
Article 114.- No Senator or Representative, from the day of their election until the day of their dismissal, may be criminally accused, not even for common crimes that are not those detailed in article 93 , but before their respective Chamber, which , by two thirds of votes of the total of its components, will decide if there is room for the formation of a cause, and, if so, it will declare it suspended from its functions and will remain at the disposal of the competent Court.
Article 115.- Each Chamber can correct any of its members for disorderly conduct in the performance of its functions and even suspend it in the exercise of the same, by two thirds of votes of the total of its components.
By the same number of votes, he may be removed for physical impossibility or mental incapacity supervening his incorporation, or for acts of conduct that made him unworthy of his position, after his proclamation.
A majority vote of those present will suffice to admit voluntary resignations.
Article 116.- The vacancies that for any reason occur in each Legislature, will be filled by the substitutes designated at the time of the elections, in the manner that the law will express, and without making a new election.
The law may also authorize the calling of alternates due to temporary impediment or license of the incumbent Legislators.
Article 117.- The Senators and Representatives will be compensated for their services with a monthly allowance that they will receive during the term of their mandates, without prejudice to the corresponding discounts, in accordance with the regulations of the respective Chamber, in case of unjustified absences to the sessions of the Chamber that they integrate or of the reporting commissions of which they are a part.
Such discounts, in any case, will be set proportionally to the assignment.
The assignment will be fixed by two thirds of votes of the total components of the General Assembly, in a meeting of both Houses, in the last period of each Legislature, for the members of the following one. Said compensation will be paid to them with absolute independence from the Executive Power and outside of it, the Legislators may not receive economic benefits of any nature that derive from the exercise of their position.
CHAPTER IV
Article 118.- All Legislators can ask the Ministers of State, the Supreme Court of Justice, the Electoral Court, the Contentious-Administrative Court and the Court of Accounts, the data and reports that they deem necessary to fulfill their mission. The request will be made in writing and through the President of the respective Chamber, who will transmit it immediately to the corresponding body. If the latter does not provide the reports within the term established by law, the Legislator may request them through the Chamber to which he belongs, subject to whatever it decides.
Anything related to the matter and jurisdictional competence of the Judiciary and the Contentious-Administrative Court may not be the object of said request.
Article 119.- Each of the Chambers has the power, by resolution of a third of the votes of the total of its components, to make the Ministers of State come to the Chamber to request and receive the reports it deems appropriate, either for legislative purposes. inspection or oversight, without prejudice to the provisions of Section VIII .
When the reports refer to Autonomous Entities or Decentralized Services, the Ministers may require the joint assistance of a representative of the respective Council or Directory.
Article 120.- The Chambers may appoint parliamentary investigation commissions or to provide data for legislative purposes.
Article 121.- In the cases provided for in the three previous articles, any of the Chambers may make declarations, without prejudice to the provisions of Section VIII .
CHAPTER V
Article 122.- Senators and Representatives, after being incorporated into their respective Chambers, may not receive paid employment from the Powers of the State, the Departmental Governments, the Autonomous Entities, the Decentralized Services or any other public body or provide services paid for by them in any way, without the consent of the Chamber to which they belong, leaving their representation vacant in all cases in the act of receiving employment or providing the service.
When a Senator is summoned to temporarily exercise the Presidency of the Republic and when Senators and Representatives are called to perform Ministries or Undersecretaries of State, they will be suspended from their legislative functions, being replaced, while the suspension lasts, by the corresponding substitute.
Article 123.- The legislative function is also incompatible with the exercise of any other elective public office, whatever its nature.
Article 124.- Senators and Representatives may not, during their mandate:
1st) Intervene as directors, administrators or employees in companies that contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. works or supplies with the State, Departmental Governments, Autonomous Entities, Decentralized Services or any other public body.
2nd) Process or direct third-party matters before the Central Administration, Departmental Governments, Autonomous Entities and Decentralized Services.
Failure to comply with the provisions of this article will result in the immediate loss of legislative office.
Article 125.- The incompatibility provided by the first paragraph of article 122, will reach Senators and Representatives up to one year after the termination of their mandate, unless expressly authorized by the respective Chamber.
Article 126.- The law, by absolute majority of votes of the total components of each Chamber, may regulate the prohibitions established in the two preceding articles or establish others, as well as extend them to the members of other bodies.
CHAPTER VI
Article 127.- There will be a Permanent Commission made up of four Senators and seven Representatives elected by the proportional system, each designated by their respective Chambers. A Senator of the majority will be President of the same.
The appointment will be made annually, within fifteen days of the constitution of the General Assembly or the beginning of each period of ordinary sessions of the Legislature.
Article 128.- At the same time that this election is made, a substitute will be made for each one of the eleven members who enter to fill their functions in the cases of illness, death or others that occur, of the incumbents.
Article 129.- The Permanent Commission will watch over the observance of the Constitution and the laws, making the appropriate warnings to the Executive Branch, under responsibility before the current or next General Assembly, as the case may be.
Article 130 .- In the event that said warnings, made up to a second time, do not take effect, it may by itself, depending on the importance or seriousness of the matter, convene the General Assembly.
In the event that the President of the Republic has made use of the power granted by article 148 , paragraph seven, the Permanent Commission will inform the General Assembly when the new Chambers are constituted or when the previous ones resume their functions.
Article 131.- It will exercise its functions from the date indicated by the Constitution for the beginning of the recess of the General Assembly, until the regular sessions resume.
The matters of competence of the Permanent Commission that are under study by the General Assembly or the Chamber of Senators on the date indicated for the initiation of the recess, will pass ex officio to the knowledge of the former.
However, once the recess is interrupted and while the period of extraordinary sessions lasts, the General Assembly or the Chamber of Senators may, when so resolved, assume jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. in matters of their competence that are under consideration by the Permanent Commission, prior communication to this Body.
After the extraordinary sessions, the unresolved matters over which the General Assembly or the Senate have assumed jurisdiction, will be remitted ex officio, by the respective Table, to the Permanent Commission.
In each new period of extraordinary sessions held during the recess, the General Assembly or the Chamber of Senators may make use of the power granted to them by this article.
At the end of the recess, matters without a resolution to the knowledge of the Permanent Commission will pass ex officio to the corresponding Body.
The obligation and responsibility imposed on the Permanent Commission by article 129 shall not be affected by the fact that the General Assembly or any of the Chambers meets in extraordinary sessions, not even when the General Assembly or the Chamber of Senators have assumed jurisdiction over all matters for consideration by the Standing Committee.
If the powers of the Senators and Representatives have expired due to the expiration of the constitutional term, without the elected Senators and Representatives having been proclaimed, or the power of article 148 , paragraph seven, has been used, the Permanent Commission in office will continue in the functions conferred in this Chapter, until the constitution of the new Chambers.
In this case, when each of the Chambers is constituted, it will proceed to make the appointment of the new members of the Permanent Commission.
Article 132.- It will also correspond to the Permanent Commission, to give or refuse its consent in all cases in which the Executive Power needs it, in accordance with this Constitution and the power granted to the Chambers in articles 118 and following, without prejudice of the provisions of numeral 13 of article 168 .
SECTION VII
OF THE PROPOSITION, DISCUSSION, SANCTION AND PROMULGATION OF THE LAWS
CHAPTER I
Article 133.- Any bill can originate in either of the two Chambers, as a result of proposals made by any of its members or by the Executive Power through its Ministers, without prejudice to the provisions of subsection 6 of the article 85 and article 86.
The initiative of the Executive Power will be required for any bill that determines tax exemptions or that sets minimum wages or purchase prices for the products or goods of public or private activity.
The Legislative Power may not increase the tax exemptions or the minimums proposed by the Executive Power for salaries and prices, nor decrease the maximum prices proposed.
CHAPTER II
Article 134.- If the House in which the project was started approves it, it will pass it on to the other so that, discussed in it, it also approves it, reforms it, adds to it or rejects it.
Article 135.- If any of the two Chambers to which a bill is sent, returns it with additions or observations, and the sender agrees with them, it will be notified in response, and it will be left to pass it on to the Executive Power; but if he does not find them fair, or insists on supporting his project as he had sent it at the beginning, he may in such case, by means of an official letter, request a meeting of both Houses, and, depending on the result of the discussion, it will be adopted. what the two thirds of votes decide, being able to modify the divergent projects or, still, approve a new one.
Article 136.- If the Chamber to which the project was sent has no objections to oppose it, it will approve it, and without further notice to the sending Chamber, it will pass it on to the Executive Power so that it can be published.
Bills not sanctioned by either Chamber in the same Legislature shall be considered as initiated in the Chamber that subsequently sanctioned them.
Article 137.- If, after receiving a bill, the Executive Power has objections to oppose or observations to make, it will return it with them to the General Assembly, within the peremptory period of ten days.
Article 138.- When a bill is returned by the Executive Power with objections or observations, total or partial, the General Assembly will be convened and it will be decided by three-fifths of the present members of each of the Chambers. , who may adjust to the observations or reject them, keeping the sanctioned project.
Article 139.- Thirty days after the first call without express rejection of the observations of the Executive Power, they will be considered accepted.
Article 140.- If the assembled Chambers disapprove the project returned by the Executive Power, it will be without effect at that time, and it cannot be presented again until the following Legislature.
Article 141.- In any case of reconsideration of a project returned by the Executive, the votes will be nominal by yes or no, and both the names and grounds of the voters, as well as the objections or observations of the Executive Power, will be published immediately by the press
Article 142.- When a project had been rejected at the beginning by the House to which the other sends it, it will be without effect at that time, and it cannot be presented until the following period of the Legislature.
CHAPTER III
Article 143.- If the Executive Branch, to whom a bill has been sent, has no objection to oppose it, it will notify it immediately, thus being in fact sanctioned and expedited to be enacted without delay.
Article 144.- If the Executive does not return the project, once the ten days established in article 137 have expired, it will have the force of law and will be fulfilled as such, claiming this, in case of disregard, by the sending Chamber.
Article 145.- Reconsidered by the assembled Chambers a bill that had been returned by the Executive Power with objections or observations, if they approve it again, it will be considered its last sanction, and communicated to the Executive Power, it will be promulgated immediately without more qualms.
CHAPTER IV
Article 146.- Once a law has been sanctioned for its promulgation, this formula will always be used:
“The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly, decree:”.
SECTION VIII
OF THE RELATIONSHIPS BETWEEN THE LEGISLATIVE AND THE EXECUTIVE BRANCHES
SINGLE CHAPTER
Article 147.- Any of the Chambers may judge the management of the Ministers of State, proposing that the General Assembly, in session of both Chambers, declare that their acts of administration or government are censored.
When motions are presented in this sense, the Chamber in which they are formulated will be specially convened, with a term of not less than forty-eight hours, to decide on their course.
If the motion is approved by a majority of those present, it will be reported to the General Assembly, which will be summoned within forty-eight hours.
If in a first call of the General Assembly, there is not enough number to meet, a second call will be made and the General Assembly will be considered constituted with the number of Legislators who attend.
Article 148.- The disapproval may be individual, plural or collective, and must be pronounced in any case, by the absolute majority of votes of the total components of the General Assembly, in a special and public session. However, the secret session may be chosen when circumstances so require.
Individual disapproval shall mean that which affects a Minister, plural disapproval that which affects more than one Minister, and collective disapproval that which affects the majority of the Council of Ministers.
The disapproval pronounced in accordance with the provisions of the preceding paragraphs, will determine the resignation of the Minister, the Ministers or the Council of Ministers, as the case may be.
The President of the Republic may observe the vote of disapproval when it is pronounced by less than two thirds of the total components of the Corps.
In such a case, the General Assembly will be summoned to a special session to be held within the following ten days.
If in a first call the General Assembly does not meet the number of Legislators necessary to meet, a second call will be made, not before twenty-four hours nor after seventy-two hours from the first, and if it does not have a number in this call, it will be considered revoked. the act of disapproval.
If the General Assembly maintains its vote for less than three-fifths of the total of its components, the President of the Republic, within the following forty-eight hours, may maintain by express decision, the Minister, the Ministers or the Council. of censured Ministers and dissolve the Chambers.
In such case, a new election of Senators and Representatives must be called, which will be held on the eighth Sunday following the date of said decision.
The maintenance of the censured Minister, Ministers or Council of Ministers, the dissolution of the Chambers and the call for a new election, must be done simultaneously in the same decree.
In such a case, the Chambers will be suspended in their functions, but the statute and jurisdiction of the Legislators will subsist.
The President of the Republic may not exercise this power during the last twelve months of his mandate. During the same term, the General Assembly may vote the disapproval with the effects of the third section of this article, when it is pronounced by two thirds or more of the total of its components.
In the case of non-collective disapproval, the President of the Republic may not exercise this power except once during the term of his mandate.
From the moment in which the Executive Power does not comply with the decree calling for new elections, the Chambers will meet again as full rights and will recover their constitutional powers as the legitimate Power of the State and the Council of Ministers will fall.
If ninety days after the election, the Electoral Court has not proclaimed the majority of the members of each of the Chambers, the dissolved Chambers will also recover their rights.
Once the majority of the members of each of the new Chambers has been proclaimed by the Electoral Court, the General Assembly will meet as of right within the third day of the respective communication.
The new General Assembly will meet without prior notice from the Executive Power and the previous one will cease simultaneously.
Within fifteen days of its constitution, the new General Assembly, by an absolute majority of all its components, will maintain or revoke the vote of disapproval. If he maintains it, the Council of Ministers will fall.
The Extraordinary elected Chambers will complete the normal term of duration of the dismissed ones.
SECTION IX
OF THE EXECUTIVE BRANCH
CHAPTER I
Article 149.- The Executive Power shall be exercised by the President of the Republic acting with the respective Minister or Ministers, or with the Council of Ministers, in accordance with the provisions of this Section and other concordant provisions.
Article 150 .- There will be a Vice President, who in all cases of temporary or permanent vacancy of the Presidency must perform it with the same powers and attributions. If the vacancy is definitive, he will hold it until the end of the Government period.
The Vice President of the Republic will hold the Presidency of the General Assembly and of the Chamber of Senators.
Article 151.- The President and Vice President of the Republic will be jointly and directly elected by the Electoral Body by an absolute majority of voters. Each party may only present one candidacy for the Presidency and the Vice Presidency of the Republic. If on the date indicated by the first paragraph of numeral 9) of article 77 , none of the candidates obtains the required majority, a second election will be held on the last Sunday of the month of November of the same year, between the two most voted candidates.
The guarantees established for suffrage in Section III will also govern , considering the Republic as a single electoral circumscription.
Only natural citizens in office, who are thirty-five years of age, may be elected.
Article 152.- The President and the Vice President will last five years in their functions, and to perform them again it will be required that five years have elapsed from the date of their cessation.
This provision includes the President with respect to the Vice Presidency and not the Vice President with respect to the Presidency, except for the exceptions of the following paragraphs.
The Vice President and the citizen who had held the Presidency due to permanent vacancy for more than one year, may not be elected to said positions without the expiration of the same term established in the first paragraph.
Neither may the President, the Vice President or the citizen who was in the exercise of the Presidency in the term included in the three months prior to the election be elected.
Article 153.- In case of permanent or temporary vacancy of the Presidency of the Republic, or due to leave, resignation, dismissal or death of the President and the Vice President, as the case may be, it must be held by the first Senator of the most voted list of the political party by which they were elected, that meets the qualifications required by article 151 and is not prevented by the provisions of article 152. Failing that, the first holder of the same list in exercise of the position that meets those qualities, if it did not have such impediments, and so on.
Article 154.- The allocations of the President and the Vice President of the Republic shall be established by law prior to each election and may not be altered while they hold office.
Article 155.- In the event of resignation, permanent incapacity or death of the President and Vice President elected before taking office, the first and second holders of the list with the most votes in the Chamber of Deputies shall hold the Presidency and Vice Presidency respectively. Senators, of the political party by which the President and Vice President were elected, provided that they meet the qualifications required by article 151 , were not impeded by the provisions of article 152 and held the position of Senator.
Failing that, the other incumbents, in the order of their location on the same list in the exercise of the position of Senator, who meet those qualifications if they do not have such impediments, will hold said positions.
Article 156.- If, on the date on which they are to assume their functions, the President and Vice President of the Republic are not proclaimed by the Electoral Court, or their election is annulled, the outgoing President shall delegate command to the President of the Supreme Court. of Justice, who will act until the transmission is made, being suspended in his judicial functions.
Article 157.- When the President-elect is temporarily incapacitated for taking office or for the exercise of the same, he will be replaced by the Vice President, and in his absence, according to the procedure established in article 153 until the causes last. that caused this incapacity.
Article 158.- On March 1st following the election, the President and Vice President of the Republic will take possession of their positions, previously making the following declaration in the presence of both Chambers meeting in General Assembly: “I, NN, commit myself on my honor to loyally carry out the position that has been entrusted to me and to guard and defend the Constitution of the Republic”.
Article 159.- The President of the Republic will have the representation of the State inside and outside.
CHAPTER II
Article 160.- The Council of Ministers will be made up of the heads of the respective Ministries or those who take their place, and will have exclusive jurisdiction in all acts of government and administration that the President of the Republic or his Ministers propose within it on matters of their respective portfolios. It will also have exclusive jurisdiction in the cases provided for in paragraphs 7) (declaration of urgency), 16, 19 and 24 of article 168 .
Article 161 .- It will act under the presidency of the President of the Republic who will have a voice in the deliberations and vote in the resolutions that will be decisive in cases of a tie, even when it has been produced by the effect of his own vote.
The Council of Ministers will be convened by the President of the Republic when he deems it convenient or when requested by one or several Ministers to raise issues of their respective portfolios; and must meet within the following twenty-four hours or on the date indicated in the call.
Article 162 .- The Council will hold a meeting with the concurrence of the majority of its members and will be resolved by absolute majority of votes of members present.
Article 163.- At any time and by the same majority, a deliberation may be terminated. The motion made for that purpose will not be discussed.
Article 164.- All the resolutions of the Council of Ministers may be revoked by the vote of the absolute majority of its components.
Article 165.- The resolutions that were originally agreed upon by the President of the Republic with the respective Minister or Ministers, may be revoked by the Council, by an absolute majority of those present.
Article 166.- The Council of Ministers will dictate its internal regulations.
Article 167.- When a Minister is temporarily in charge of another Ministry, in the Council of Ministers only one vote will be computed.
CHAPTER III
Article 168.- The President of the Republic, acting with the respective Minister or Ministers, or with the Council of Ministers, is responsible for:
1st) The conservation of order and tranquility in the interior, and security in the exterior.
2nd) The highest command of all the Armed Forces.
3rd) Give withdrawals and fix the pensions of civil and military employees in accordance with the laws.
4th) Publish and circulate, without delay, all the laws that, according to Section VII , are already in a state of being published and circulated, execute them, have them executed, issuing the special regulations that are necessary for their execution.
5th) Inform the Legislative Power, at the opening of ordinary sessions, about the state of the Republic and the improvements and reforms that it considers worthy of its attention.
6th) Object or make observations to the bills sent by the Legislative Branch, and suspend or oppose their enactment, in the manner provided in Section VII .
7th) Propose bills or amendments to previously enacted laws to the Chambers. These projects may be submitted with a declaration of urgent consideration.
The declaration of urgency must be made simultaneously with the referral of each project, in which case they must be considered by the Legislative Power within the terms stated below, and they will be deemed sanctioned if they have not been expressly discarded within such terms. , nor has a substitute project been sanctioned. Your procedure will be adjusted to the following rules:
to) The Executive Branch may not send to the General Assembly more than one bill with a declaration of urgent consideration simultaneously, nor send a new bill under such conditions while the deadlines for legislative consideration of another previously sent are running;
b) Budget projects cannot deserve this classification, nor those whose approval requires the vote of three-fifths or two-thirds of the total components of each Chamber;
c) each Chamber, by the vote of three-fifths of the total of its components, may annul the declaration of urgent consideration, in which case the normal procedures provided for in Section VII will apply from that moment ;
d) The Chamber that first receives the bill must consider it within a term of forty-five days. Once the first thirty days have elapsed, the Chamber will be summoned to an extraordinary and permanent session for the consideration of the project. Once the fifteen days of such call have expired without the project having been expressly rejected, it will be considered approved by said Chamber in the form in which it was sent by the Executive Power and will be communicated immediately and ex officio to the other Chamber;
and) the second Chamber will have thirty days to pronounce itself and if it approves a text different from the one sent by the first, it will return it to the latter, which will have fifteen days for its consideration. Once this new period expires without an express pronouncement, the project will be sent immediately and ex officio to the General Assembly. If the term of thirty days expires without the project having been expressly rejected, it will be considered approved by said Chamber in the form in which it was sent by the Executive Power and it will be communicated to it immediately and ex officio, if applicable, or in the same forms the first Chamber, if it has approved a text different from that of the Executive Power;
F) the General Assembly will have ten days for its consideration. If this new period expires without an express pronouncement, the project will be deemed sanctioned in the manner in which it was voted by the last Chamber that gave it express approval.
The General Assembly, if expressly pronounced, will do so in accordance with article 135 ;
g) when a bill with a declaration of urgent consideration is rejected by either of the two Chambers, the provisions of article 142 shall apply ;
i) the term for consideration by the first Chamber will begin to run from the day following receipt of the project by the Legislative Power. Each of the subsequent terms will begin to run automatically upon expiration of the immediately preceding term or from the day following receipt by the corresponding body if there had been express approval before the expiration of the term.
8th) Summon the Legislative Power to extraordinary sessions with determination of the matters that are the subject of the call and in accordance with what is established in article 104 .
9th) Provide civil and military jobs, in accordance with the Constitution and the laws.
10) Dismiss employees for ineptitude, omission or crime, in all cases with the agreement of the Chamber of Senators or, in its recess, with that of the Permanent Commission, and in the latter, passing the file to the Justice. Diplomatic and consular officials may also be dismissed, with the consent of the Chamber of Senators, for committing acts that affect their good name or the prestige of the country and of the representation they invest. If the Chamber of Senators or the Permanent Commission does not dictate a definitive resolution within ninety days, the Executive Power will dispense with the permission requested, for the purposes of dismissal.
eleven) Grant military promotions in accordance with the laws, requiring, for those of Colonel and other Superior Officers, the permission of the Chamber of Senators or, in its recess, that of the Permanent Commission.
12) Appoint consular and diplomatic personnel, with the obligation to request the agreement of the Chamber of Senators, or of the Permanent Commission, when it is in recess, for the Heads of Mission. If the Chamber of Senators or the Permanent Commission do not issue a resolution within sixty days, the Executive Power will dispense with the requested permission.
The positions of Ambassadors and Ministers of the Foreign Service will be considered of particular confidence of the Executive Branch, unless the law enacted with the affirmative vote of the absolute majority of the total components of each Chamber provides otherwise.
13) Appoint the Court Prosecutor and the other Legal Prosecutors of the Republic, with the consent of the Chamber of Senators or the Permanent Commission, as the case may be, always granted by three-fifths of the votes of the total components. The consent will not be necessary to appoint the State Attorney for Contentious-Administrative Matters, nor the Government and Treasury Prosecutors.
14) Dismiss military and police employees and others that the law declares removable.
fifteen) Receive Diplomatic Agents and authorize the exercise of their functions to foreign Consuls.
16) Decree the rupture of relations and, prior resolution of the General Assembly, declare war, if arbitration or other peaceful means do not work to avoid it.
17) Take prompt security measures in serious and unforeseen cases of external attack or internal commotion, reporting, within twenty-four hours, to the General Assembly, in a meeting of both Chambers or, where appropriate, to the Permanent Commission, of what has been done and their reasons, depending on what the latter resolve.
As for people, the prompt security measures only authorize their arrest or transfer from one point of the territory to another, as long as they do not choose to leave it. Also this measure, like the others, must be submitted, within twenty-four hours of adoption, to the General Assembly in a meeting of both Chambers or, where appropriate, to the Permanent Commission, being subject to its resolution.
The arrest may not be made in premises intended for the detention of criminals.
18) Collect the income that, according to the laws, must be collected by its dependencies, and give them the destination that according to those corresponds.
19) Prepare and present the budgets to the General Assembly, in accordance with the provisions of Section XIV , and give an instructed account of the investment made of the previous ones.
twenty) Conclude and sign treaties, requiring the approval of the Legislative Power to ratify them.
twenty-one) Grant industrial privileges in accordance with the laws.
22) Authorize or deny the creation of any Banks to be established.
23) Provide, at the request of the Judiciary, the assistance of the public force.
24) Delegate by well-founded resolution and under his political responsibility the powers he deems appropriate.
25) The President of the Republic will sign the resolutions and communications of the Executive Power with the Minister or Ministers to which the matter corresponds, a requirement without which no one will be obliged to obey them.
Notwithstanding, the Executive Branch may provide that certain resolutions be established by act granted with the same requirement previously established.
26) The President of the Republic will freely appoint a Secretary and a Deputy Secretary, who will act as such in the Council of Ministers.
Both will cease with the President and may be removed or replaced by him at any time.
Article 169.- You may not allow the enjoyment of salary for another title than that of active service, retirement, retirement or pension, in accordance with the laws.
CHAPTER IV
Article 170.- The President of the Republic may not leave the national territory for more than forty-eight hours without authorization from the Chamber of Senators.
Article 171.- The President of the Republic will enjoy the same immunities and will be subject to the same incompatibilities and prohibitions as Senators and Representatives.
Article 172.- The President of the Republic may not be accused, except in the manner indicated in article 93 and even so, only during the exercise of the position or within the six months following the expiration of the same during which he will be subject to to residence, except authorization to leave the country, granted by an absolute majority of votes of the total components of the General Assembly, in a meeting of both Houses.
When the accusation has gathered two thirds of the votes of the total components of the House of Representatives, the President of the Republic will be suspended from the exercise of his functions.
CHAPTER V
Article 173 .- In each department of the Republic there will be a Chief of Police who will be appointed for the respective period by the Executive Power, among citizens who have the qualities required to be a Senator.
The Executive Branch may separate or remove it when it deems it convenient.
SECTION X
OF THE MINISTERS OF STATE
CHAPTER I
Article 174.- The law, by an absolute majority of the components of each Chamber and at the initiative of the Executive Power, will determine the number of Ministries, their own denomination and their attributions and competences by reason of matter, without prejudice to the provisions of article 181 .
The President of the Republic, acting in the Council of Ministers, may redistribute said powers and competencies.
The President of the Republic will award the Ministries among citizens who, by having parliamentary support, ensure their permanence in office.
The President of the Republic may request from the General Assembly an express vote of confidence for the Council of Ministers. For this purpose, it will appear before the General Assembly, which will pronounce itself without debate, by the vote of the absolute majority of the total of its components and within a period of no more than seventy-two hours that will run from the reception of the Communication of the President of the Republic by the General Assembly. If it does not meet within the stipulated period or, meeting, does not adopt a decision, it will be understood that the vote of confidence has been granted.
The Ministers will cease in their positions by resolution of the President of the Republic, without prejudice to the provisions of Section VIII .
Article 175.- The President of the Republic may declare, if he so understands, that the Council of Ministers lacks parliamentary support.
Without prejudice to the provisions of article 174, this declaration will empower him to substitute one or more Ministers.
If it does so, the Executive Branch may totally or partially replace the non-elected members of the Board of Directors of the Autonomous Entities and of the Decentralized Services, as well as, where appropriate, the General Directors of the latter, these substitutions not being challengeable before the Contentious-Administrative Court.
The Executive Branch, acting in the Council of Ministers, must request the consent of the Chamber of Senators, in accordance with article 187 , to appoint the new Directors or, where appropriate, General Directors. Obtained permission, you can proceed to the substitution.
The powers granted in this article may not be exercised during the first year of the government’s mandate or within the twelve months prior to the assumption of the next government.
These powers may not be exercised with respect to the authorities of the University of the Republic.
Article 176.- To be a Minister, the same qualities are needed as for a Senator.
Article 177.- At the beginning of each legislative period, the Ministers will give a succinct account to the General Assembly of the status of everything concerning their respective Ministries.
Article 178.- The Ministers of State will enjoy the same immunities and will be subject to the same incompatibilities and prohibitions as Senators and Representatives in whatever is pertinent.
They may not be accused except in the manner indicated in article 93 and, even so, only during the exercise of the position. When the accusation has gathered two thirds of the votes of the total components of the House of Representatives, the accused Minister will be suspended from the exercise of his functions.
Article 179.- The Minister or Ministers will be responsible for the decrees and orders that they sign or issue with the President of the Republic, except in the case of express resolution of the Council of Ministers in which the responsibility will be of those who agree on the decision, becoming effective in accordance with articles 93 , 102 and 103 .
The Ministers will not be exempt from liability due to a crime even if they invoke the written or verbal order of the President of the Republic or the Council of Ministers.
Article 180.- The Ministers may attend the sessions of the General Assembly, of each Chamber, of the Permanent Commission and of their respective internal Commissions, and take part in their deliberations, but they will not have a vote. The Undersecretaries of State shall have the same right, with the prior authorization of the respective Minister, except in the situations provided for in articles 119 and 147 in which they may attend accompanying the Minister. In any case, the Undersecretaries of State will act under the responsibility of the Ministers.
Article 181.- The attributions of the Ministers, in their respective portfolios and in accordance with the laws and provisions of the Executive Branch, are:
1st) Enforce the Constitution, laws, decrees and resolutions.
2nd) Prepare and submit for higher consideration the bills, decrees and resolutions that they deem convenient.
3rd) Arrange, within the limits of its competence, the payment of the recognized debts of the State.
4th) Grant licenses to the employees of your dependency.
5th) Propose the appointment or dismissal of the employees of their departments.
6th) Monitor the administrative management and adopt the appropriate measures so that it is carried out properly and impose disciplinary penalties.
7th) Sign and communicate the resolutions of the Executive Branch.
8th) Exercise the other powers that the laws or provisions adopted by the Executive Power in the Council of Ministers commit, without prejudice to the provisions of article 160 .
9th) Delegate in turn by well-founded resolution and under their political responsibility, the powers they deem appropriate.
Article 182.- The functions of the Ministers and Undersecretaries will be regulated by the Executive Branch.
CHAPTER II
Article 183.- Each Ministry will have an Undersecretary who will enter with the Minister, at his proposal, and will cease with him, except for a new appointment.
Article 184.- In case of license of a Minister, the President of the Republic will designate who replaces him temporarily, and the designation must fall on another Minister or on the Undersecretary of the respective Portfolio.
SECTION XI
OF AUTONOMOUS ENTITIES AND DECENTRALIZED SERVICES
CHAPTER I
Article 185.- The various services of the industrial and commercial domain of the State will be administered by Boards or General Directors and will have the degree of decentralization established by this Constitution and the laws that were enacted with the agreement of the absolute majority of the total components of each chamber.
The Boards, when rented, will be composed of three or five members as established by law in each case.
The law, by two thirds of votes of the total components of each Chamber, may determine that the Decentralized Services are directed by a Director General, appointed according to the procedure of article 187.
In the conclusion of agreements between the Councils or Boards of Directors with International Organizations, Institutions or foreign Governments, the Executive Power will indicate the cases that will require its prior approval, without prejudice to the powers that correspond to the Legislative Power, in accordance with the provisions of Section V. _
Article 186.- The following services: Post and Telegraph, Customs and Port Administrations and Public Health may not be decentralized in the form of Autonomous Entities, although the law may grant them the degree of autonomy that is compatible with the comptroller of the Executive Power.
Article 187.- The members of the Boards of Directors and the General Directors who are not elective, will be appointed by the President of the Republic in agreement with the Council of Ministers, with prior consent of the Chamber of Senators, granted on a motivated proposal in the personal, functional and technical conditions, by a number of votes equivalent to three-fifths of the components elected in accordance with article 94 , first paragraph.
If permission is not granted within sixty days of receiving your request, the Executive Branch may formulate a new proposal, or reiterate its previous proposal, and in the latter case it must obtain the affirmative vote of the absolute majority of members of the Senate.
The law by three-fifths of votes of the total components of each Chamber may establish another designation system.
Article 188.- In order for the law to admit private capital in the constitution or expansion of the patrimony of the Autonomous Entities or of the Decentralized Services, as well as to regulate the intervention that in such cases may correspond to the respective shareholders in the Directories, they will require three fifths of the votes of the total of the components of each House.
The contribution of private capital and their representation in the Councils or Directories will never be higher than those of the State.
The State may also participate in industrial, agricultural or commercial activities of companies formed by labor contributions, cooperatives or private capital, when the free consent of the company concurs and under the conditions previously agreed between the parties.
The law, by an absolute majority of the total components of each Chamber, will authorize this participation in each case, ensuring the intervention of the State in the direction of the company. Their representatives will be governed by the same rules as the Directors of the Autonomous Entities and Decentralized Services.
Article 189.- To create new Autonomous Entities and to suppress existing ones, two-thirds of the votes of the total components of each Chamber will be required.
The law by three-fifths of votes of the total components of each Chamber, may declare elective the appointment of the members of the Directories, determining in each case the persons or Bodies interested in the service, who must make that election.
Article 190.- The Autonomous Entities and the Decentralized Services will not be able to carry out businesses that are foreign to the line of business that the laws obligatorily assign them, nor will they have their resources for purposes other than their normal activities.
Article 191.- The Autonomous Entities, the Decentralized Services and, in general, all the autonomous administrations with their own assets, whatever their legal nature, will periodically publish statements that clearly reflect their financial life. The law will establish the norm and annual number of the same and all must carry the endorsement of the Court of Accounts.
Article 192.- The members of the Board of Directors or General Directors will cease in their functions when they are designated or elected, in accordance with the respective regulations, who are to succeed them.
Definitive vacancies will be filled by the procedure established for the initial provision of the respective positions, but the law may establish that, together with the holders of elective positions, alternates are elected to replace them in case of temporary or permanent vacancy.
The law, dictated by the vote of the absolute majority of the total components of each Chamber, will regulate what corresponds to temporary vacancies, without prejudice to what is established in the previous paragraph.
They may be re-elected or appointed to another Board of Directors or General Directorate provided that their management has not merited observation by the Court of Accounts, issued by at least four votes of its members.
Article 193.- The outgoing Directors or General Directors must render accounts of their management to the Executive Power, prior opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of the Court of Auditors, without prejudice to the responsibilities that may arise, in accordance with the provisions of Section XIII .
Article 194.- The final decisions of the Autonomous Entities will only give rise to resources or actions before the Contentious-Administrative Court or the Judicial Power, as provided by this Constitution or the laws, without prejudice to the provisions of articles 197 and 198.
Article 195.- The Social Welfare Bank is created, as an Autonomous Entity, with the task of coordinating state social security services and organizing social security, adjusting within the rules established by the law that must be enacted within the period of one year.
Its Directors may not be candidates for any elective position until a period of government has elapsed since their cessation, the provisions of article 201 , third paragraph, being applicable in this case.
Article 196.- There will be a Central Bank of the Republic, which will be organized as an Autonomous Entity and will have the duties and powers determined by the law approved by the vote of the absolute majority of the total components of each Chamber.
Article 197.- When the Executive Branch considers the management or acts of the Directors or General Directors inconvenient or illegal, it may make the observations it deems pertinent, as well as order the suspension of the observed acts.
If the observations are neglected, the Executive Branch may order the rectifications, corrections or removals that it deems relevant to the case, communicating them to the Chamber of Senators, which will ultimately resolve. The provisions of the second and third subparagraphs of article 198 shall be applied, where appropriate.
Article 198.- The provisions of the preceding article are without prejudice to the power of the Executive Power to dismiss the members of the Board of Directors or the General Directors with the consent of the Chamber of Senators, in case of ineptitude, omission or crime in the exercise of the position or of the commission of acts that affect their good name or the prestige of the institution to which they belong.
If the Chamber of Senators does not issue a decision within a period of sixty days, the Executive Branch may make the dismissal effective.
When deemed necessary, the Executive Power, acting in the Council of Ministers, may replace the members of Boards of Directors or General Directors whose permission to dismiss is requested, with members of Boards of Directors or General Directors of other Entities, on an interim basis and until make the Senate pronouncement.
The dismissals and removals foreseen in this article and in the previous one, will not give right to any recourse before the Contentious-Administrative Court.
Article 199.- To modify the Organic Charter of the State Banks, an absolute majority of votes of the total number of components of each Chamber will be required.
Article 200.- The members of the Boards or General Directors of the Autonomous Entities or of the Decentralized Services may not be appointed to positions or even honoraries, which directly or indirectly depend on the Institute of which they are a part. This provision does not include the Counselors or Directors of the teaching services, who may be re-elected as professors or professors and appointed to hold the position of Dean or honorary teaching functions.
The inhibition will last up to one year after having finished the functions that cause it, whatever the reason for the cessation, and extends to any other task, professional or not, even if it is not permanent or fixed remuneration.
Neither may the members of the Directorates or General Directors of the Autonomous Entities or of the Decentralized Services, simultaneously exercise professions or activities that, directly or indirectly, are related to the Institution to which they belong.
The provisions of the two preceding paragraphs do not extend to teaching functions.
Article 201.- The members of the Directorates or General Directors of the Autonomous Entities and of the Decentralized Services, in order to be candidates for Legislators, must resign from their positions at least twelve months before the date of the election.
In these cases, the sole presentation of the resignation based on this cause, will determine the immediate cessation of the resignation in his functions.
The Electoral Organisms will not register lists that include candidates who have not complied with that requirement.
CHAPTER II
Article 202.- Higher, Secondary, Primary, Normal, Industrial and Artistic Public Education will be governed by one or more Autonomous Directive Councils.
The other educational services of the State will also be in charge of Autonomous Directive Councils, when the law determines it by two thirds of votes of the total components of each Chamber.
The Public Education Entities will be heard, for advisory purposes, in the elaboration of the laws related to their services, by the Parliamentary Commissions. Each Chamber may set deadlines for those to be issued.
The law shall provide for the coordination of teaching.
Article 203.- The Boards of Directors of the educational services will be appointed or elected in the manner established by law sanctioned by the absolute majority of votes of the total components of each Chamber.
The Board of Directors of the University of the Republic will be appointed by the bodies that comprise it, and the Councils of its bodies will be elected by teachers, students and graduates, in accordance with the provisions of the law sanctioned by the majority determined in the previous paragraph.
Article 204.- The Boards of Directors will have the tasks and attributions that will be determined by the law sanctioned by an absolute majority of votes of the total components of each Chamber.
These Councils will establish the Statute of their officials in accordance with the bases contained in articles 58 to 61 and the fundamental rules established by law, respecting the specialization of the Entity.
Article 205.- Articles 189, 190, 191, 192, 193, 194 , 198 (paragraphs 1 and 2), 200 and 201 will be applicable, as pertinent, to the different education services.
SECTION XII
OF THE NATIONAL ECONOMY COUNCIL
SINGLE CHAPTER
Article 206.- The law may create a National Economy Council, with an advisory and honorary nature, made up of representatives of the country’s economic and professional interests. The law will indicate the form of constitution and functions thereof.
Article 207.- The National Economy Council will address the Public Powers in writing, but may have its points of view supported before the Legislative Commissions, by one or more of its members.
SECTION XIII
OF THE COURT OF AUDITORS
SINGLE CHAPTER
Article 208.- The Court of Accounts will be composed of seven members who must meet the same qualities required to be a Senator.
They will be appointed by the General Assembly by two thirds of votes of the total of its components.
The incompatibilities established in articles 122, 123, 124 and 125 will govern in this regard .
Its members will cease in their functions when the General Assembly, which replaces the one that appointed them, makes the appointments for the new period.
They may be re-elected and each of them will have three alternates in cases of vacancy, temporary impediment or license holders.
Article 209.- The members of the Court of Accounts are responsible, before the General Assembly, in a meeting of both Chambers, for the faithful and exact fulfillment of their functions. The General Assembly may dismiss them, in case of ineptitude, omission or crime, mediating the agreement of two thirds of votes of the total of its components.
Article 210.- The Court of Accounts will act with functional autonomy, which will be regulated by law, which will be projected by the Court itself.
It may also be attributed by law, functions not specified in this Section.
Article 211.- The Court of Auditors is responsible for:
TO) Dictate and report on budgets.
b) Preventively intervene in expenses and payments, in accordance with the regulatory standards established by law and for the sole purpose of certifying their legality, making, where appropriate, the corresponding observations. If the respective authorizing officer insists, he will notify the Court without prejudice to complying with the provisions.
If the Court of Auditors, in turn, maintains its observations, it will give detailed notice to the General Assembly, or to whoever acts on its behalf, for its purposes.
In the Departmental Governments, Autonomous Entities and Decentralized Services, the task referred to in this subsection may be exercised with the same ulterior motives, through the respective accountants or officials who act in their stead, who will act in such tasks under the supervision of the Court. of Accounts, subject to the provisions of the law, which may extend this rule to other public services with fund management.
c) Rule and report on the accountability and management of all State bodies, including Departmental Governments, Autonomous Entities and Decentralized Services, whatever their nature, as well as, regarding the corresponding actions in case of responsibility, exposing the pertinent considerations and observations.
D) Submit to the General Assembly the annual report related to the rendering of accounts established in the previous paragraph.
AND) Intervene in everything related to the financial management of State bodies, Departmental Governments, Autonomous Entities and Decentralized Services, and report, to the appropriate person, all irregularities in the management of public funds and infractions of budget and accounting laws.
F) Dictate the accounting ordinances, which will be mandatory for all State bodies, Departmental Governments, Autonomous Entities and Decentralized Services, whatever their nature.
G) Project their budgets that will be submitted to the Executive Power, to be included in the respective budgets. The Executive Power, with the modifications that it deems appropriate, will submit them to the Legislative Power, being subject to its resolution.
Article 212.- The Court of Accounts will have superintendence in everything that corresponds to its tasks and subject to what is established in its Organic Law, over all accounting, collection and payment offices of the State, Departmental Governments, Autonomous Entities and Decentralized Services. , whatever its nature, being able to propose, to whom it corresponds, the reforms that it deems appropriate.
Article 213.- The Court of Accounts will submit to the Executive Branch the Bill of Accounting and Financial Administration, which will submit it to the Legislative Branch with the observations it deserves. Said project will include the regulatory norms of the financial and economic administration and especially the organization of the accounting and collection services; requirements for control purposes, for the acquisition and disposal of goods and contracting that affect the Public Treasury; to make preventive intervention effective in income, expenses and payments; and the responsibilities and guarantees to which the officials who intervene in the management of the State’s assets will be subject.
SECTION XIV
PUBLIC FINANCE
CHAPTER I
Article 214.- The Executive Power will project, with the advice of the Planning and Budget Office, the National Budget that will govern for its period of Government and will present it to the Legislative Power within the first six months of the exercise of its mandate.
The National Budget will be projected and approved with a structure that will contain:
TO) The current expenses and investments of the State distributed in each section by program.
b) Functional ranks and salaries distributed in each section by program.
c) The resources and the estimate of their production, as well as the percentage that, over the total amount of resources, will correspond to the Departmental Governments. To this effect, the Sectoral Commission referred to in article 230 , will advise on the percentage to be set thirty days in advance of the expiration of the term established in the first paragraph. If the Planning and Budget Office does not share its opinion, it will likewise submit it to the Executive Power, and the latter will communicate it to the Legislative Power.
The Departmental Governments will send to the Legislative Power, within six months of the expiration of the annual exercise, a rendering of accounts of the resources received by application of this literal, with a precise indication of the amounts and the destinations applied.
D) The rules for the execution and interpretation of the budget.
The preceding paragraphs may be subject to separate laws due to the matter they comprise.
Within six months of the expiration of the annual exercise, which will coincide with the calendar year, the Executive Power will present to the Legislative Power the Rendering of Accounts and the Balance of Budget Execution corresponding to said exercise, being able to propose the modifications that it deems essential to the global amount. expenses, investments and salaries or resources and make creations, deletions and modifications of programs for duly justified reasons.
Article 215.- The Legislative Power will rule exclusively on global amounts per item, programs, their objectives, ranks and number of officials and resources; not being able to make modifications that mean greater expenses than those proposed.
Article 216.- A special Section may be established by law in the budgets that includes the permanent Ordinary Expenses of the Administration whose periodic review is not essential.
Provisions whose validity exceeds that of the Government’s mandate or those that do not refer exclusively to their interpretation or execution will not be included in the budgets or in the Accountability laws.
All budget projects will be submitted to the appropriate person for their consideration and approval, in comparison with the current budgets.
CHAPTER II
Article 217.- Each Chamber must rule on the budget bills or Accountability laws within forty-five days of receipt.
If there is no pronouncement in this term, the project or projects will be considered rejected.
Article 218.- When the project approved by one of the Chambers is modified by the other Chamber, the Chamber that originally approved it must rule on the modifications within the following fifteen days, after which, or if the modifications are rejected, the project will pass to The general assembly.
The General Assembly must pronounce itself within the following fifteen days.
If the General Assembly does not pronounce itself within this term, the projects will be deemed rejected.
Article 219.- Complementary or substitute messages may only be sent in the exclusive case of the National Budget project and only within twenty days from the first entry of the project to each Chamber.
CHAPTER III
Article 220.- The Judiciary, the Contentious-Administrative Court, the Electoral Court, the Court of Auditors, the Autonomous Entities and the Decentralized Services, with the exception of those included in the following article, will project their respective budgets and present them to the Executive Power, incorporating it into the budget project. The Executive Power may modify the original projects and will submit these and the modifications to the Legislative Power.
Article 221.- The budgets of the Industrial or Commercial Entities of the State shall be projected by each one of them and submitted to the Executive Branch and the Court of Auditors five months before the beginning of each fiscal year, with the exception of the one following the electoral year, in which They can be presented at any time.
The Court of Accounts will rule within thirty days of receipt.
The Executive Power, with the advice of the Planning and Budget Office, may observe it and, in this case, as well as in the case in which there are observations from the Court of Accounts, it will return it to the respective Entity.
If the Entity accepts the observations of the Executive Power and the opinion of the Court of Auditors, it will return the records to the Executive Power for the approval of the budget and its inclusion for informational purposes in the National Budget.
Not mediating the conformity established in the previous paragraph, the budget projects will be sent to the General Assembly, with background information added.
The General Assembly, in a meeting of both Chambers, will resolve the discrepancies subject to the provisions of article 215 , by the vote of two thirds of the total of its components. If it does not resolve within the term of forty days, the budget will be considered approved, with the observations of the Executive Power.
The opinion of the Court of Auditors requires the affirmative vote of the majority of its members.
The law shall establish, following a report from the aforementioned Entities and the Court of Accounts and the opinion of the Executive Power issued with the advice of the Planning and Budget Office, the percentages that each Entity may allocate to salaries and management and administration expenses.
CHAPTER IV
Article 222.- The provisions of articles 86 , 133 , 214, 215, 216 and 219 will be applied to the Departmental Budget .
Article 223.- Each Intendant will project the Departmental Budget that will govern for his period of Government and will submit it to the consideration of the Departmental Board within the first six months of the exercise of his mandate.
Article 224.- The Departmental Boards will consider the budget projects prepared by the Mayors within four months of their presentation.
Article 225.- The Departmental Boards may only modify the budget projects to increase resources or decrease expenses, not being able to approve any project that means a deficit, or create jobs on their initiative.
Prior to approving the budget, the Board will request reports from the Court of Accounts, which will rule within twenty days, and may only make observations on errors in the calculation of resources, omission of budgetary obligations or violation of constitutional provisions or applicable laws. .
If the Board accepts the observations of the Court of Auditors, or they do not mediate, it will definitively sanction the budget.
In no case may the Board introduce other modifications after the Court’s report.
If the Departmental Board does not accept the observations made by the Court of Accounts, the budget will be sent, with the proceedings, to the General Assembly, so that it, in a meeting of both Chambers, resolves the discrepancies within a period of forty days, and if no decision is made, the budget will be deemed sanctioned.
Article 226.- Once the term established in article 224 has expired without the Departmental Board having made a final resolution, the budget project submitted by the Mayor shall be considered rejected.
Article 227.- The departmental budgets declared in force, will be communicated to the Executive Branch for their inclusion, for information purposes, in the respective budgets and to the Court of Accounts with instructions to the Court of Accounts of the antecedents related to their observations, when any.
CHAPTER V
Article 228.- Surveillance in the execution of budgets and the control function of all management related to Public Finance, will be the responsibility of the Court of Auditors.
As long as the draft budgets are not approved, the current budgets will continue to govern.
Article 229.- The Legislative Power, the Departmental Boards, the Autonomous Entities and Decentralized Services may not approve budgets, create positions, determine salary increases and liabilities, nor approve increases in the Items of Wages and Contracts, in the twelve months prior to the date of the ordinary elections, with the exception of the allocations referred to in articles 117 , 154 and 295 .
CHAPTER VI
Article 230.- There will be a Planning and Budget Office that will report directly to the Presidency of the Republic. It will be directed by a Commission made up of representatives of the Ministers linked to development and by a Director appointed by the President of the Republic who will preside over it.
The Director must meet the necessary conditions to be a Minister and be a person of recognized competence in the matter. His position will be of particular confidence to the President of the Republic.
The Planning and Budget Office will communicate directly with the Ministries and Public Organizations for the fulfillment of its functions.
It will form Sectoral Commissions in which workers and public and private companies must be represented.
The Planning and Budget Office will assist the Executive Power in the formulation of development plans and programs, as well as in the planning of decentralization policies that will be executed:
TO) By the Executive Power, the Autonomous Entities and the Decentralized Services, regarding their corresponding tasks.
b) By the Departmental Governments with respect to the tasks assigned to them by the Constitution and the law. For these purposes, a Sectoral Commission will be formed that will be exclusively made up of delegates from the Congress of Mayors and the competent Ministries, which will propose decentralization plans that, prior approval by the Executive Power, will be applied by the corresponding agencies. Notwithstanding the foregoing, the law may establish the number of members, the duties and powers of this Commission, as well as regulate its operation. The Office of Planning and Budget shall also have the duties expressly assigned to it by other provisions, as well as those determined by law.
Article 231.- The law enacted by an absolute majority of the total components of each Chamber may order expropriations corresponding to economic development plans and programs, proposed by the Executive Branch, by means of fair compensation and in accordance with the provisions of article 32 .
Article 232.- Such compensation may not be prior, but in that case the law must expressly establish the necessary resources to ensure full payment within the established term, which will never exceed ten years; The expropriating entity may not take possession of the property without first having effectively paid at least a quarter of the total compensation.
Small owners, whose characteristics will be determined by law, will always receive the full amount of compensation prior to taking possession of the property.
SECTION XV
OF THE JUDICIAL POWER
CHAPTER I
Article 233.- The Judicial Power shall be exercised by the Supreme Court of Justice and by the Tribunals and Courts, in the manner established by law.
CHAPTER II
Article 234.- The Supreme Court of Justice will be composed of five members.
Article 235.- To be a member of the Supreme Court of Justice, it is required:
1st) Forty years old.
2nd) Natural citizenship in exercise, or legal with ten years of exercise and twenty-five years of residence in the country.
3rd) Be a lawyer with ten years of seniority or have exercised with that quality the Judiciary or the Public or Prosecutor’s Office for eight years.
Article 236.- The members of the Supreme Court of Justice will be appointed by the General Assembly by two thirds of votes of the total of its components. The appointment must be made within ninety days of the vacancy, for which purpose the General Assembly will be specially convened. Once said term expires without the designation having been made, the member of the Court of Appeals with the greatest seniority in such position and equal seniority in such position will be automatically designated as a member of the Supreme Court of Justice by the one who has more years in office. exercise of the Judiciary or the Public Ministry or Prosecutor.
In cases of vacancy and while these are not filled, and in cases of disqualification, excuse or impediment, for the fulfillment of its jurisdictional function, the Supreme Court of Justice will be integrated ex officio in the manner established by law.
Article 237.- The members of the Supreme Court of Justice will hold office for ten years without prejudice to the provisions of article 250 and may not be re-elected without five years between termination and re-election.
Article 238.- Its endowment will be set by the Legislative Power.
CHAPTER III
Article 239.- The Supreme Court of Justice is responsible for:
1st) Judge all violators of the Constitution, without exception; on crimes against the Law of Nations and Admiralty cases; in matters related to treaties, pacts and conventions with other States; hear the cases of diplomats accredited in the Republic, in the cases provided for by International Law.
For the aforementioned matters and for all others in which the original jurisdiction is attributed to the Supreme Court, the law will determine the instances that must be in the trials, which in any case will be public and will have their final sentence motivated with express references. to the applicable law.
2nd) Exercise the directive, corrective, consultative and economic superintendence over the Tribunals, Courts and other dependencies of the Judicial Power.
3rd) Formulate the budget projects of the Judiciary, and send them in due time to the Executive Power so that it incorporates them into the respective budget projects, accompanied by the modifications it deems pertinent.
4th) With the approval of the Chamber of Senators or in its recess with that of the Permanent Commission, appoint the citizens who will compose the Courts of Appeals, limiting their designation to the following requirements:
to) The affirmative vote of three of its members, for candidates belonging to the Judiciary or the Public Ministry, and
b) to the assent vote of four, for candidates who do not have the qualities of the previous paragraph.
5th) Appoint the Legal Judges of all ranks and denominations, requiring, in each case, the absolute majority of the total components of the Supreme Court.
These appointments will be definitive from the moment they occur, when they fall on citizens who already belonged, with seniority of two years, to the Judiciary, the Public and Prosecutor’s Office or the Justice of the Peace, in assignments that must be carried out by lawyers.
If the same officials have less seniority in their respective positions, they will be considered interim Judges, for a period of two years, counting from the date of appointment, and for the same time, citizens who have just entered the office will have that status. Judiciary.
During the interim period, the Supreme Court may remove the interim Legal Judge at any time, by an absolute majority of its total members. Once the term of the interim period has expired, the appointment will be considered confirmed by full right.
6th) Appoint the permanent Public Defenders and Justices of the Peace by an absolute majority of the total components of the Supreme Court of Justice.
7th) Appoint, promote and dismiss by itself, through the affirmative vote of four of its components, the employees of the Judiciary, in accordance with the provisions of articles 58 to 66 , as appropriate.
8th) Comply with the other tasks indicated by law.
Article 240.- In the exercise of its functions, it will communicate directly with the other Powers of the State, and its President will be empowered to attend the parliamentary Commissions, so that with voice and without vote, participate in their deliberations when they deal with matters that interest the Administration of Justice, being able to promote in them the progress of projects of judicial reform and of the Codes of Procedures.
CHAPTER IV
Article 241.- There will be the Courts of Appeals determined by law and with the powers established by law.
Each of them will be composed of three members.
Article 242.- To be a member of a Court of Appeals, it is required:
1st) Thirty-five years of age.
2nd) Natural citizenship in exercise, or legal with seven years of exercise.
3rd) Be a lawyer with eight years of seniority or have exercised with that quality the Judiciary or the Public or Prosecutor’s Office for six years.
Article 243 .- The members of the Courts of Appeals will remain in their positions for the entire time of their good behavior up to the limit provided by article 250 .
CHAPTER V
Article 244.- The law will establish the number of Legal Courts of the Republic, in accordance with the requirements of the quickest and easiest administration of Justice, and will indicate the places of headquarters of each one of them, their attributions and the way of exercising them.
Article 245.- To be a Legal Judge, it is required:
1st) Twenty eight years of age.
2nd) Natural citizenship in exercise, or legal with four years of exercise.
3rd) Being a lawyer with four years of seniority or having belonged with that capacity for two years to the Public or Prosecutor’s Office or to the Justice of the Peace.
Article 246.- Legal Judges with effectiveness in office, will last in their functions for as long as they behave well up to the limit established in article 250 . However, for reasons of good service, the Supreme Court of Justice may transfer them at any time, to position or place, or both, provided that such transfer is resolved after hearing the Prosecutor of the Court and subject to the following requirements:
1st) The affirmative vote of three of the members of the Supreme Court in favor of the transfer if the new position does not imply a decrease in grade or remuneration, or both extremes, with respect to the previous one.
2nd) The affirmative vote of four of its members in favor of the transfer, if the new position implies a reduction in grade or remuneration, or both extremes, with respect to the previous one.
CHAPTER VI
Article 247.- To be Justice of the Peace it is required:
1st) Twenty five years of age.
2nd) Natural citizenship in exercise, or legal with two years of exercise.
To the enunciated qualities, must be added that of lawyer to be Justice of the Peace in the department of Montevideo and that of lawyer or notary public to be in the capitals and cities of the other departments and in any other population of the Republic, whose movement court so requires, in the opinion of the Supreme Court.
Article 248.- In the Republic there will be as many Justices of the Peace as there are judicial sections in which the territory of the departments is divided.
Article 249.- The Justices of the Peace will remain in office for four years and may be removed at any time, if it is convenient for the purposes of the best public service.
CHAPTER VII
Article 250.- Every member of the Judiciary will cease to hold office upon reaching seventy years of age.
Article 251.- The positions of the Judiciary will be incompatible with any other paid public function, except for the exercise of teaching staff in Higher Public Education in legal matters, and with any other permanent honorary public function, except those especially related to the judicial one.
To carry out any of these functions, the authorization of the Supreme Court of Justice, granted by an absolute majority of votes of all its components, will be previously required.
Article 252.- The Magistrates and all the staff of employees belonging to the offices and internal offices of the Supreme Court, Tribunals and Courts, are prohibited, under penalty of immediate dismissal, from directing, defending or processing judicial matters, or intervening, outside of their functional obligation, in any way in them, even if they are of voluntary jurisdiction. The transgression will be declared ex officio as soon as it is manifested. The prohibition ceases, only in the case of personal affairs of the official or his spouse, children and ascendants.
Regarding the personnel of the offices and offices, it will also be subject to the exceptions established by law.
The law may also institute particular prohibitions for officials or employees of the dependencies not alluded to in the first section of this article.
CHAPTER VIII
Article 253.- Military jurisdiction is limited to military crimes and in the event of a state of war.
Common crimes committed by the military in peacetime, whatever the place where they are committed, will be subject to ordinary justice.
Article 254.- Justice will be free for those declared poor in accordance with the law. In lawsuits in which such a declaration has been made in favor of the plaintiff, the defendant will enjoy the same benefit until the final sentence, which will consolidate it if it declares the plaintiff’s guilty lightness in the exercise of his action.
Article 255.- No lawsuit in civil matters may be initiated without previously proving that conciliation has been attempted before the Justice of the Peace, except for the exceptions established by law.
CHAPTER IX
Article 256.- Laws may be declared unconstitutional due to form or content, in accordance with what is established in the following articles.
Article 257.- The Supreme Court of Justice is responsible for the knowledge and the original and exclusive resolution on the matter; and must pronounce with the requirements of the final sentences.
Article 258.- The declaration of unconstitutionality of a law and the inapplicability of the provisions affected by it, may be requested by anyone who considers himself injured in his direct, personal and legitimate interest:
1st) By way of action, which must be brought before the Supreme Court of Justice.
2nd) By way of exception, which may be opposed in any judicial proceeding.
The Judge or Court in charge of any judicial proceeding, or the Contentious-Administrative Court, as the case may be, may also request ex officio the declaration of unconstitutionality of a law and its inapplicability, before issuing a resolution.
In this case and in the case provided for in numeral 2), the procedures will be suspended, and the proceedings will be submitted to the Supreme Court of Justice.
Article 259.- The ruling of the Supreme Court of Justice will refer exclusively to the specific case and will only have effect in the procedures in which it has been pronounced.
Article 260.- The decrees of the Departmental Governments that have the force of law in their jurisdiction, may also be declared unconstitutional, subject to the provisions of the previous articles.
Article 261.- The law will regulate the pertinent procedures.
SECTION XVI
OF THE GOVERNMENT AND THE ADMINISTRATION OF THE DEPARTMENTS
CHAPTER I
Article 262.- The Government and the Administration of the Departments, with the exception of public security services, will be exercised by a Departmental Board and a Mayor. They will have their headquarters in the capital of each Department and will begin their functions sixty days after their election.
There may be a local authority in any town that meets the minimum conditions established by law. There may also be, one or more, in the urban plant of the departmental capitals, if so provided by the Departmental Board at the initiative of the Intendant.
The law will establish departmental and municipal matters, in order to define the respective tasks of the departmental and local authorities, as well as the legal powers of their bodies, without prejudice to the provisions of articles 273 and 275 .
The Mayor, with the agreement of the Departmental Board, may delegate to local authorities the execution of certain tasks, in their respective territorial constituencies.
The Departmental Governments may agree, among themselves and with the Executive Power, as well as with the Autonomous Entities and the Decentralized Services, the organization and provision of their own or common services and activities, both in their respective territories and regionally or interdepartmentally.
There will be a Congress of Mayors, made up of those who are holders of that position or are exercising it, in order to coordinate the policies of the Departmental Governments. The Congress, which may also enter into the agreements referred to in the preceding paragraph, shall communicate directly with the Powers of the Government.
Article 263.- The Departmental Boards will be composed of thirty-one members.
Article 264.- To be a member of the Departmental Board, eighteen years of age will be required; natural or legal citizenship with three years of exercise and be a native of the department or have been living in it for at least three years before.
Article 265.- The members of the Departmental Boards will last five years in the exercise of their functions. Simultaneously with the headlines, a triple number of substitutes will be elected.
Article 266 .- The Mayors will last five years in the exercise of their functions and may be re-elected, only once, being required to be candidates who resign three months in advance, at least, to the date of the elections.
Article 267.- To be Mayor, the same qualities will be required as to be a Senator, and it will also be necessary to be a native of the department or to have lived in it for at least three years before the date of inauguration.
Article 268 .- Simultaneously with the holder of the position of Intendant, four substitutes will be elected, who will be called by their order to perform the functions in case of vacancy of the position, temporary impediment or license of the holder. The non-acceptance of the position by a substitute will cause him to lose his quality as such, unless the call was to fill a temporary vacancy.
If the position of Intendente is permanently vacant and the list of substitutes is exhausted, the Departmental Board will elect a new incumbent by an absolute majority of all its components and for the complementary term of the current government period. In the meantime, or if the vacancy is temporary, the position will be held by the President of the Departmental Board -provided he complies with the provisions of articles 266 and 267- and failing that, by the Vice Presidents who meet said conditions.
If on the date on which he is to assume his functions the elected Mayor is not proclaimed or the departmental election is annulled, the term of the outgoing Mayor shall be extended until the transfer of command is effected.
Article 269.- The law sanctioned with the vote of two thirds of the total of the components of each Chamber may modify the number of members of the Departmental Boards.
CHAPTER II
Article 270.- The Departmental Boards and the Mayors will be elected directly by the people, with the guarantees and in accordance with the rules established for voting in Section III .
Article 271.- The political parties will select their candidates for Mayor through internal elections that will be regulated by the law sanctioned by the vote of two thirds of the components of each House.
For the election of Municipal Mayor, the votes in favor of each political party will be accumulated by motto, accumulation by sublema being prohibited.
The position of Municipal Mayor will correspond to the candidate of the most voted list of the most voted political party.
The law, sanctioned by the majority stipulated in the first paragraph, may establish that each party will present a single candidacy for the Municipal Administration.
Article 272.- The positions of members of the Departmental Boards will be distributed among the various slogans, proportionally to the electoral flow of each one, without prejudice to what is established in the following sections.
If the motto that has obtained the position of Intendente had only obtained the relative majority of votes, the majority of the positions of the Departmental Board will be awarded to that motto, which will be distributed proportionally among all its lists.
The other positions will be distributed by the integral proportional representation system, among the slogans that had not obtained representation in the previous award.
CHAPTER III
Article 273.- The Departmental Board shall exercise legislative and control functions in the Departmental Government.
Its jurisdiction will extend to the entire territory of the department.
In addition to those that the law determines, the attributions of the Departmental Boards will be:
1st) Dictate, at the proposal of the Mayor or on his own initiative, the decrees and resolutions that he deems necessary, within his competence.
2nd) Sanction the budgets submitted for consideration by the Mayor, in accordance with the provisions of Section XIV .
3rd) Create or set, at the proposal of the Mayor, taxes, fees, contributions, rates and prices of the services they provide, through the vote of the absolute majority of the total of its components.
4th) Require the intervention of the Court of Accounts to find out about matters relating to the Treasury or the Departmental Administration. The requirement must be made provided that the request obtains a third of the votes of the total number of members of the Board.
5th) Dismiss, at the proposal of the Mayor and by absolute majority of votes of the total components, the members of the non-elective Local Boards.
6th) Sanction, for three-fifths of the total of its components, within the first twelve months of each Government period, its Budget of Salaries and Expenses and send it to the Intendant so that it can be included in the respective Budget.
Within the first five months of each year, they may establish, by three-fifths of votes of the total of their components, the modifications that they deem essential in their Budget of Salaries and Expenses.
7th) Appoint the employees of their dependencies, correct them, suspend them and dismiss them in cases of ineptitude, omission or crime, passing in the latter case the records to the Justice.
8th) Grant concessions for public, local or departmental services, at the proposal of the Mayor, and by absolute majority of votes of all its components.
9th) Create, at the proposal of the Mayor, new Local Boards.
10) Consider the requests for leave or agreement that the Intendant formulates.
eleven) Request modifications or extensions of the Organic Law of Departmental Governments directly from the Legislative Power .
CHAPTER IV
Article 274.- The Intendant is responsible for the executive and administrative functions in the Departmental Government.
Article 275.- In addition to those determined by law, its powers are:
1st) Comply with and enforce the Constitution and Laws.
2nd) Promulgate and publish the decrees sanctioned by the Departmental Board, issuing the regulations or resolutions that it deems appropriate for its fulfillment.
3rd) Prepare the budget and submit it for the approval of the Departmental Board, all subject to the provisions of Section XIV .
4th) Propose to the Departmental Board, for its approval, the taxes, rates and contributions; set prices for the use or exploitation of departmental goods or services and standardize the rates of public services by concessionaires or permit holders.
5th) Appoint the employees of your dependency, correct them and suspend them. Dismiss them in case of ineptitude, omission or crime, with the authorization of the Departmental Board, which must be issued within forty days. Failure to do so will result in the dismissal being enforceable. In case of crime, it will also pass the records to the Justice.
6th) Submit projects of decrees and resolutions to the Departmental Board and observe those that it sanctions within the ten days following the date on which the sanction was communicated.
7th) Designate the assets to be expropriated due to public necessity or utility, with the consent of the Departmental Board.
8th) Appoint the members of the Local Boards, with the consent of the Departmental Board.
9th) Ensure public health and primary, secondary and preparatory, industrial and artistic instruction, proposing to the competent authorities the appropriate means for its improvement.
Article 276.- The Mayor is responsible for representing the department in its relations with the Powers of the State or with the other Departmental Governments, and in its contracts with official or private bodies.
CHAPTER V
Article 277.- The Mayor will sign the decrees, resolutions and communications with the Secretary or the official he designates, a requirement without which no one will be obliged to obey them. However, he may provide that certain resolutions be established by act granted with the same requirements previously set.
The Secretary will be appointed by each Intendant and will cease with him, except for a new appointment, and may be temporarily removed or replaced at any time.
Article 278.- The Mayor may assign to special commissions the performance of specific tasks, delegating the necessary powers for their fulfillment.
Article 279.- The Mayor will determine the competence of the department general directorates and may modify their name.
Article 280.- The general directors of the department will carry out the tasks that the Mayor expressly delegates to them.
CHAPTER VI
Article 281.- The decrees sanctioned by the Departmental Board will require, in order to enter into force, the previous promulgation by the Municipal Intendant.
This will be able to observe those that it has for inconveniences, being able the Departmental Board to insist by three fifths of votes of the total of its components, and in that case they will enter into force immediately.
If the Municipal Mayor does not return them within ten days of receipt, they will be considered promulgated and will be fulfilled as such.
The budgets that have reached the General Assembly by the procedure established in article 225 may not be observed .
Article 282.- The Mayor may attend the sessions of the Departmental Board and its internal commissions and take part in their deliberations, but will not have a vote.
Article 283.- The Mayors or the Departmental Boards may claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. before the Supreme Court of Justice for any injury that is inferred to the autonomy of the department, in the manner established by law.
Article 284.- Any member of the Departmental Board may ask the Mayor for the data and reports he deems necessary to fulfill his mission. The request will be made in writing and through the President of the Departmental Board, who will immediately forward it to the Intendant.
If the latter does not provide the reports within twenty days, the member of the Departmental Board may request them through it.
Article 285.- The Board has the power, by resolution of a third of its members, to have the Mayor come to its Chamber to request and receive the reports it deems appropriate, whether for legislative or control purposes.
The Mayor may be accompanied by the officials of his dependencies that he deems necessary, or be represented by the highest-ranking official of the respective division.
Except when the call to court is based on non-compliance with the provisions of the second paragraph of the previous article.
Article 286 .- The Departmental Board may appoint investigation commissions to provide data that it deems necessary for the fulfillment of its functions, the Mayor and the offices of his dependency being obliged to provide the requested data.
CHAPTER VII
Article 287.- The number of members of the local authorities, which may be unipersonal or multipersonal, their form of integration in the latter case, as well as the qualities required to be the holder of the same, will be established by law.
The Mayors and the members of the Departmental Boards will not be able to integrate the local authorities.
Article 288.- The law will determine the conditions for the creation of the Local Boards and their attributions, being able, by absolute majority of votes of the total components of each Chamber and by initiative of the respective Departmental Government, to extend the powers of management of those, in populations that, without being the capital of the department, have more than ten thousand inhabitants or offer national interest for the development of tourism. It may also, fulfilling the same requirements, declare the Autonomous Local Boards elective by the respective Electoral Body.
CHAPTER VIII
Article 289.- The position of Mayor is incompatible with any other public position or employment, except for teachers, or with any personal situation that involves receiving a salary or remuneration for services from companies that contract with the Departmental Government. The Mayor may not contract with the Departmental Government.
Article 290.- The employees of the Departmental Governments or those who are paid or receive remuneration for services from private companies that contract with the Departmental Government may not form part of the Departmental Boards and Local Boards.
The officials included in numeral 4 of article 77 may not be part of those bodies either .
Article 291.- The Mayors, the members of the Departmental Boards and of the Local Boards, may not during their mandate:
1st) Intervene as directors or administrators in companies that contract works or supplies with the Departmental Government, or with any other public body that has a relationship with it.
2nd) Process or direct own affairs or those of third parties before the Departmental Government.
Article 292.- Failure to comply with the provisions of the preceding articles will result in the immediate loss of the position.
Article 293.- The positions of members of the Local and Departmental Boards are incompatible with that of Mayor, but this provision does not include the members of the Departmental Board who are called to temporarily hold the position of Mayor. In this case, they will be suspended from their functions as members of the Departmental Board, being replaced, while the suspension lasts, by the corresponding substitute.
Article 294.- The positions of Mayor and members of the Departmental Board are incompatible with the exercise of another elective public function, whatever its nature.
CHAPTER IX
Article 295.- The positions of members of Departmental Boards and Local Boards will be honorary.
The Mayors will receive the remuneration set by the Departmental Board prior to their election. Its amount may not be altered during the term of its mandates.
Article 296 .- The Mayors and members of the Departmental Board may be accused before the Chamber of Senators by a third of the votes of the total number of members of said Board for the reasons provided in article 93 .
The Chamber of Senators may separate them from their destinations by two thirds of votes of the total of its components.
CHAPTER X
Article 297.- They will be sources of resources of the Departmental Governments, decreed and administered by them:
1st) Taxes on real estate, urban and suburban, located within the limits of its jurisdiction, with the exception, in all cases, of the national additional established or to be established. The taxes on rural property will be set by the Legislative Power, but their collection and all of their production, except for the additional ones established or to be established, will correspond to the respective Departmental Governments. The amount of additional national taxes may not exceed the amount of taxes destined for the department.
2nd) The tax on vacant lots and inappropriate construction in urban and suburban areas of cities, towns, villages and population centers.
3rd) The taxes established for the Departmental Governments and those created by law in the future with the same purpose on sources not listed in this article.
4th) Contributions for improvements to buildings benefited by departmental public works.
5th) The rates, tariffs and prices for use, use or benefits obtained from services provided by the Departmental Government, and the contributions made by concessionaires of exclusively departmental services.
6th) Taxes on public shows, with the exception of those established by law with special destinations, as long as they are not repealed, and on transport vehicles.
7th) Taxes on advertising and advertisements of all kinds. Propaganda and notices in the radio, written and televised press, those of a political, religious, trade union, cultural or sports nature, and all those that the law determines by absolute majority of votes of the total components of each Chamber are excepted.
8th) The profits from the exploitation of games of chance, which have been authorized or are authorized by law, in the form and conditions determined by law.
9th) Taxes on horse racing games and other competitions in which mutual bets are made, with the exception of those established by law, as long as they are not repealed.
10) The product of the fines:
to) that the Departmental Government has established while they are not repealed, or established according to its powers;
b) that the laws in force have established for the Departmental Governments;
c) to be established by new laws, destined for the Departmental Governments.
eleven) Income from assets owned by the Departmental Government and the proceeds from their sales.
12) The donations, inheritances and legacies that are made and will be accepted.
13) The fee starts from the percentage that, on the total amount of resources of the National Budget, will be established by the Budget Law.
Article 298.- The law, which will require the initiative of the Executive Power and by the vote of the absolute majority of the total components of each Chamber, may:
one) Without incurring in tax overlaps, extend the sphere of application of departmental taxes, as well as expand the sources on which they may fall.
two) Allocate to the development of the interior of the country and the execution of decentralization policies, an aliquot of the national taxes collected outside the department of Montevideo. With its proceeds, a budget fund will be formed, allocated to the financing of the programs and plans referred to in the fifth paragraph of article 230 . Said rate must be mandatory proposed in the National Budget.
3) Temporarily exonerate from national taxes, as well as reduce their rates, to companies that settle in the interior of the country.
Article 299.- The decrees of the Departmental Governments creating or modifying taxes, will not be obligatory, but after ten days of publication in the “Official Gazette”, and will be inserted in the National Registry of Laws and Decrees in a special section.
They must also be published in at least two departmental newspapers.
Article 300.- The Executive Power may appeal before the Chamber of Representatives within fifteen days of publication in the “Official Gazette”, based on reasons of general interest, the decrees of the Departmental Governments that create or modify taxes. This appeal will have suspensive effect.
If sixty days after receipt of the records by the House of Representatives, it does not resolve the appeal, the appeal will be deemed not filed.
The Chamber of Representatives, within fifteen days following the date on which the appeal is made known, may request, only once, complementary records, in this case, the term being interrupted until they are received.
The recess of the House of Representatives interrupts the deadlines set above.
Article 301.- The Departmental Governments may not issue Departmental Public Debt securities, nor arrange loans or borrowings with international organizations or foreign institutions or governments, but at the proposal of the Mayor, approved by the Departmental Board, following a report from the Court of Accounts and with the consent of the Legislative Power, granted by an absolute majority of the total components of the General Assembly, in a meeting of both Chambers, within a term of sixty days, after which said consent shall be understood to have been agreed.
To contract other types of loans, the initiative of the Mayor and the approval of the absolute majority of votes of the total components of the Departmental Board will be required, following a report from the Court of Auditors. If the term of the loans exceeds the term of office of the proposing Mayor, two-thirds of the votes of the total number of members of the Departmental Board will be required for approval.
Article 302.- Any surplus must be fully applied to extraordinary amortizations of departmental obligations. If said obligations do not exist, it will be applied to the execution of public works or remunerative investments, and the resolution must be adopted by the Departmental Board, at the proposal of the Intendant and after a report from the Court of Accounts.
CHAPTER XI
Article 303.- The decrees of the Departmental Board and the resolutions of the Municipal Mayor contrary to the Constitution and the laws, not susceptible of being challenged before the Contentious-Administrative Court, will be appealable before the Chamber of Representatives within fifteen days. of its promulgation, by a third of the total number of members of the Departmental Board or by one thousand citizens registered in the Department. In the latter case, and when the object of the appealed decree is to increase departmental income, the appeal will not have a suspensive effect.
If sixty days after receipt of the records by the House of Representatives, it does not resolve the appeal, the appeal will be deemed not filed.
The Chamber of Representatives, within fifteen days following the date on which the appeal is made known, may request, only once, complementary records, in this case, the term being interrupted until they are received.
The recess of the House of Representatives interrupts the deadlines set above.
CHAPTER XII
Article 304.- The law, by absolute majority of votes of the total components of each Chamber, will regulate the referendum as a resource against the decrees of the Departmental Boards.
The law may also, by absolute majority of votes of the total components of each Chamber, institute and regulate the popular initiative in matters of Departmental Government.
Article 305.- Fifteen percent of registered residents in a locality or circumscription determined by law, will have the right of initiative before the organs of the Departmental Government in matters of said jurisdiction.
Article 306.- The public force will lend its assistance to the Municipal Boards and Mayors and to the Local Boards, whenever they require it for the fulfillment of their functions.
SECTION XVII
OF THE ADMINISTRATIVE CONTENT
CHAPTER I
Article 307.- There will be a Contentious-Administrative Court, which will be composed of five members.
In cases of vacancies and while these are not filled, and in those of disqualification, excuse or impediment for the fulfillment of its jurisdictional function, it will be integrated ex officio in the manner established by law .
Article 308.- The qualities necessary to be a member of this Court, the form of their appointment, the prohibitions and incompatibilities, the endowment and duration of the position, will be those determined for the members of the Supreme Court of Justice.
CHAPTER II
Article 309.- The Contentious-Administrative Court will know the demands for annulment of definitive administrative acts, carried out by the Administration, in the exercise of its functions, contrary to a rule of law or with misuse of power.
The jurisdiction of the Court will also include the definitive administrative acts emanating from the other organs of the State, the Departmental Governments, the Autonomous Entities and the Decentralized Services.
The nullity action may only be exercised by the holder of a right or a direct, personal and legitimate interest, violated or injured by the administrative act.
Article 310.- The Court will limit itself to assessing the act itself, confirming or annulling it, without reforming it.
To issue a resolution, all members of the Court must attend, but a simple majority will suffice to declare the nullity of the challenged act due to injury to a subjective right.
In all other cases, to pronounce the nullity of the act, four votes in agreement will be required. However, the Court will reserve to the plaintiff, the action for reparation, if three affirmative votes declare the grounds for nullity invoked to be sufficiently justified.
Article 311.- When the Contentious-Administrative Court declares the nullity of the contested administrative act for causing injury to a subjective right of the plaintiff, the decision will have effect only in the process in which it is issued.
When the decision declares the nullity of the act in the interest of the rule of law or good administration, it will produce general and absolute effects.
Article 312.- The action for reparation of the damages caused by the administrative acts referred to in article 309 will be brought before the jurisdiction determined by law and may only be exercised by those who have active legitimacy to demand the annulment of the act in question. .
The actor may choose between requesting the annulment of the act or the repair of the damage caused by it.
In the first case and if you obtain an annulment sentence, you can then demand compensation before the corresponding office. You may not, however, request annulment if you have first opted for the reparatory action, whatever the content of the respective sentence. If the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the Court is confirmatory, but the ground for nullity invoked is declared sufficiently justified, reparation may also be demanded.
Article 313.- The Court will also deal with jurisdiction disputes based on legislation and differences that arise between the Executive Power, Departmental Governments, Autonomous Entities and Decentralized Services, and also disputes or differences between one and another of these organs.
It will also understand the disputes or differences that occur between the members of the Departmental Boards, Directories or Councils of the Autonomous Entities or Decentralized Services, provided that they have not been resolved by the normal procedure of the formation of the will of the body.
The Supreme Court of Justice will deal with any dispute based on the Constitution.
CHAPTER III
Article 314.- There will be a State Attorney for Contentious-Administrative Matters, appointed by the Executive Branch.
The qualities necessary to perform this position, the prohibitions and incompatibilities, as well as the duration and staffing, will be determined for the members of the Contentious-Administrative Tribunal.
Article 315.- The State Attorney for Contentious-Administrative matters shall necessarily be heard, ultimately, in all matters within the jurisdiction of the Court.
The State Attorney for Contentious-Administrative Matters is independent in the exercise of his functions. He can, consequently, rule according to his conviction, establishing the conclusions that he believes to be arranged by law.
Article 316.- The defendant authority may be represented or advised by whomever it deems appropriate.
CHAPTER IV
Article 317.- Administrative acts may be challenged with the appeal for revocation, before the same authority that has complied with them, within a term of ten days, counting from the day following their personal notification, if applicable, or their publication in the “Official Gazette”.
When the administrative act has been fulfilled by an authority subject to hierarchies, it may also be challenged with the hierarchical appeal, which must be filed jointly and in a subsidiary manner, to the appeal for revocation.
When the administrative act comes from an authority that, according to its legal status, is subject to administrative protection, it may be challenged for the same causes of nullity provided for in article 309 , through an appeal for annulment before the Executive Power, which must be filed jointly and subsidiary to the appeal for revocation.
When the act emanates from an organ of the Departmental Governments, it may be challenged with reconsideration and appeal resources in the manner determined by law.
Article 318.- Every administrative authority is obliged to decide on any request made by the holder of a legitimate interest in the execution of a certain administrative act, and to resolve the administrative appeals filed against its decisions, prior to the procedures that correspond to the due investigation of the matter, within a term of one hundred and twenty days, counting from the date of compliance with the last act ordered by the applicable law or regulation.
The request will be understood as dismissed or the administrative appeal rejected, if the authority does not resolve within the indicated term.
Article 319.- The annulment action before the Contentious-Administrative Court may not be exercised if the administrative route has not been exhausted beforehand, by means of the corresponding resources. The nullity action must be filed, under penalty of expiration, within the terms determined by law in each case.
CHAPTER V
Article 320.- The law may, by three-fifths of votes of the total components of each Chamber, create lower bodies within the contentious-administrative jurisdiction.
These bodies will be appointed by the Contentious-Administrative Court, in accordance with the provisions of the law based on the provisions established for the Judiciary and will be subject to its directive, correctional, consultative and economic superintendence.
Article 321.- The Contentious-Administrative Court will project its budgets and will send them, in due time, to the Executive Power so that it can incorporate them into the respective budget projects, accompanying them with the modifications it deems pertinent.
SECTION XVIII
ON ELECTORAL JUSTICE
SINGLE CHAPTER
Article 322.- There will be an Electoral Court that will have the following powers, in addition to those established in Section III and those indicated by law:
TO) Know everything related to electoral acts and procedures.
b) Exercise the directive, correctional, consultative and economic superintendence over the electoral bodies.
c) To decide in the last instance on all the appeals and claims that occur, and to be the judge of the elections of all the elective positions, of the acts of plebiscite and referendum.
Article 323.- In budgetary and financial matters, the provisions of Section XIV will apply .
Article 324.- The Electoral Court will be made up of nine holders who will have twice the number of substitutes. Five members and their alternates will be appointed by the General Assembly at a meeting of both Chambers by two-thirds of the votes of the total of its components, and must be citizens who, due to their position on the political scene, are a guarantee of impartiality.
The remaining four holders, party representatives, will be elected by the General Assembly by double simultaneous vote according to a proportional representation system.
Article 325.- The members of the Electoral Court may not be candidates for any position that requires election by the Electoral Body, unless they resign and cease their functions at least six months before the date of the election.
Article 326.- The resolutions of the Electoral Court will be adopted by majority vote and must have, to be valid, at least the affirmative vote of three of the five members referred to in the first paragraph of article 324, except that are adopted by two thirds of votes of the total of its components.
Article 327.- The Electoral Court may totally or partially annul the elections, requiring the assent vote of six of its members, of which three, at least, must be from the members elected by two thirds of votes of the Assembly. General.
In such a case, a new election – total or partial – must be called, which will be held on the second Sunday following the date of the pronouncement of nullity.
Article 328.- The Electoral Court will communicate directly with the Public Powers.
SECTION XIX
OF THE OBSERVANCE OF THE PREVIOUS LAWS
COMPLIANCE AND REFORM OF THIS CONSTITUTION
CHAPTER I
Article 329.- The laws that have governed up to now in all matters and points that directly or indirectly do not oppose this Constitution or the laws issued by the Legislative Power are hereby declared to be in full force and effect.
CHAPTER II
Article 330.- Anyone who attempts or lends means to attempt against this Constitution after it has been sanctioned and published, will be reputed, judged and punished as criminal against the Nation.
CHAPTER III
Article 331.- This Constitution may be reformed, totally or partially, in accordance with the following procedures:
TO) At the initiative of ten percent of the citizens registered in the National Civic Registry, presenting an articulated project that will be submitted to the President of the General Assembly, and must be submitted to popular decision, in the most immediate election.
The General Assembly, in a meeting of both Chambers, may formulate substitute projects that will be submitted to the plebiscite decision, together with the popular initiative.
b) For reform projects that gather two fifths of the total components of the General Assembly, presented to the President of the same, which will be submitted to the plebiscite in the first election that is held.
In order for the plebiscite to be affirmative in the cases of subsections A) and B), it will be required that the absolute majority of the citizens who attend the elections vote “YES”, which must represent at least thirty-five percent of the total registered in the National Civic Registry.
c) The Senators, the Representatives and the Executive Power may present reform projects that must be approved by an absolute majority of the total of the components of the General Assembly.
The project that is rejected may not be reiterated until the following legislative period, and the same formalities must be observed.
Once the initiative is approved and promulgated by the President of the General Assembly, the Executive Power will convene, within the following ninety days, elections for a National Constituent Convention that will deliberate and decide on the initiatives approved for the reform, as well as on the others that may appear before the Convention. The number of conventional will be double that of Legislators. Substitutes will be elected jointly in double the number of conventional ones. The conditions of eligibility, immunities and incompatibilities will be those that govern the Representatives.
Their election by departmental lists will be governed by the integral proportional representation system and in accordance with the laws in force for the election of Representatives. The Convention will meet within a period of one year, counted from the date on which the reform initiative has been enacted.
The resolutions of the Convention must be taken by an absolute majority of the total number of conventions, and their tasks must be completed within one year, counted from the date of their installation. The project or projects drawn up by the Convention will be communicated to the Executive Power for its immediate and profuse publication.
The project or projects drafted by the Convention must be ratified by the Electoral Body, summoned for this purpose by the Executive Power, on the date indicated by the National Constituent Convention.
The voters will express themselves by “Yes” or by “No” and if there are several amendment texts, they will pronounce themselves separately on each of them. To this end, the Constitutional Convention will group together the reforms that by their nature require a joint pronouncement. A third of the members of the Convention may demand the separate pronouncement of one or several texts. The reform or reforms must be approved by a majority of votes, which will not be less than thirty-five percent of the citizens registered in the National Civic Registry.
In the cases of sections A) and B) only the projects that have been presented six months in advance -at least- to the date of those, or with three months for the substitute formulas approved by the General Assembly in the first of said cases. Those presented after such terms will be submitted to the plebiscite together with the subsequent elections.
D) The Constitution may also be reformed by constitutional laws that will require two-thirds of the total number of components of each of the Chambers within the same Legislature for its sanction. Constitutional laws may not be vetoed by the Executive Power and will enter into force after the electorate specially summoned on the date determined by the same law, expresses its agreement by an absolute majority of the votes cast and will be promulgated by the President of the General Assembly. .
AND) If the call of the Electoral Body for the ratification of the amendments, in the cases of sections A), B), C) and D) coincides with any election of members of State bodies, citizens must express their will on the reforms. constitutional, in a separate document and independently of the election lists. When the reforms refer to the election of elective positions, when they are submitted to the plebiscite, they will be voted simultaneously for those positions by the proposed system and by the previous one, the plebiscitary decision having imperative force.
CHAPTER IV
Article 332.- The precepts of this Constitution that recognize rights to individuals, as well as those that attribute powers and impose duties on public authorities, will not cease to be applied due to lack of the respective regulation, but it will be supplemented, resorting to the foundations of analogous laws, to the general principles of law and to the generally accepted doctrines.
TRANSITIONAL AND SPECIAL PROVISIONS
a) If the plebiscite is proclaimed affirmative, by firm resolution of the Electoral Court, this reform will enter into force with mandatory force, from that moment.
b) The provisions contained in Sections VIII, IX, X, XI and XVI , shall enter into force on March 1, 1967.
c) The lists of candidates for the Electoral Boards, created by Law No. 7,690 , of January 9, 1924, will be included in the same voting sheet that includes candidates for national positions.
D) The General Assembly, in a meeting of both Chambers, within fifteen days following the beginning of the next Legislature, will proceed to set the allocations that the President, the Vice President of the Republic and the Municipal Mayors who are elected in accordance with this will receive. constitutional reform project.
AND) Create the Ministries of Labor and Social Security and Transport, Communications and Tourism, which will have jurisdiction over the indicated matters.
The current Ministries of Public Instruction and Social Welfare and of Industries and Labor will be transformed, respectively, into the Ministry of Culture and the Ministry of Industry and Commerce.
The National Tourism Commission, the General Directorate of Post Office, the General Directorate of Telecommunications, the General Directorate of Civil Aviation of Uruguay and the General Directorate of Meteorology of Uruguay, will become dependent, as centralized services, on the Ministry of Transport, Communications and Tourism. However, the Executive Branch may delegate to them, under its responsibility and by well-founded decree, the powers it deems necessary to ensure the effectiveness and continuity of the performance of the services.
The Executive Power is empowered to take from General Revenue the amounts necessary for the installation and operation of the aforementioned Ministries, until the law sanctions their budgets for salaries, expenses and investments.
F) The Autonomous Entities and Decentralized Services that are indicated, while the laws foreseen for their integration are not enacted, will be administered:
1st) The Central Bank of the Republic; the Bank of the Oriental Republic of Uruguay; the State Insurance Bank; the Mortgage Bank of Uruguay; the General Administration of Power Plants and State Telephones; the National Administration of Fuels, Alcohol and Portland and the National Administration of Ports, by Boards of five members appointed in the manner indicated in article 187 .
2nd) The Administration of the State Sanitary Works and the Administration of the State Railways, by Boards of three members appointed in the manner provided for in article 187 .
3rd) The Oceanographic and Fisheries Service and the First Uruguayan Air Navigation Lines, by General Directors appointed in the manner indicated in article 187 .
G) A Board of Directors integrated in the manner indicated below, will govern the National Colonization Institute:
to) a President appointed by the Executive Branch in the manner provided for in article 187 ;
b) a delegate from the Ministry of Livestock and Agriculture;
c) a delegate from the Ministry of Finance;
d) a member appointed by the Executive Power, who must choose him from a list made up of two candidates proposed by the University of the Republic and two candidates proposed by the Labor University of Uruguay; Y
and) a member appointed by the Executive Power, who must choose him from among the candidates proposed by the national producer organizations, the agricultural cooperatives and the rural development societies, each of which will have the right to propose a candidate.
h) As of March 1, 1967, and until the law, by an absolute majority of the total components of each of the Chambers, establishes the composition of the Board of Directors of the Central Bank of the Republic and its powers, this body will be integrated into the manner indicated in section 1 of Clause F) of these Temporary Provisions, and will have the tasks and powers that currently correspond to the Issuance Department of Banco de la República.
I) The provisions of Section XVII shall apply to administrative acts completed or executed after March 1, 1952.
Administrative acts prior to that date may be challenged, or will continue the process in progress, in accordance with the regime in force on the date of compliance with those acts. All legal provisions that attribute powers to the organs of ordinary justice to hear in first or subsequent instance, in matters subject to the jurisdiction of the Contentious-Administrative Court are hereby repealed.
J) As long as the Organic Law of the Contentious-Administrative Court is not enacted :
1st) It will be governed in its integration and operation, as applicable, by Law No. 3,246 , of October 28, 1907 and the amending and complementary laws.
2nd) The procedure before it will be the one established in the Code of Civil Procedure for ordinary trials of minor amount.
3rd) It must dictate its decisions within the term established for that purpose for the Supreme Court of Justice by Laws No. 9,594 , of September 12, 1936 and No. 13,355 , of August 17, 1965; and the State Attorney for Contentious-Administrative Matters must issue a decision within the term established by the same law for the Court Prosecutor. The decisions of the Court may be extended or clarified, in accordance with the provisions of articles 486 and 487 of the Code of Civil Procedure .
4th) The organs of the ordinary justice will send to the Contentious-Administrative Court a certified copy of the sentences that they dictated on the occasion of the exercise of the reparation action foreseen in article 312 . The representatives of the defendant will also send a certified copy of these sentences to the State Attorney for Contentious-Administrative Matters.
5th) The annulment action must be filed, under penalty of expiration, within the terms that, in each case, the laws currently in force establish, to appeal to the judicial authority. In cases not expressly provided for, the term will be sixty days from the day following the personal notification of the final administrative act, if applicable, or its publication in the “Official Gazette” or the expiration of the term of the authority to issue the corresponding order.
k) The provision of article 247 will not be applicable to Justices of the Peace in office at the time this Constitution is sanctioned, who may also be re-elected more than once even when the qualifications expressed in the final section of said article do not concur.
L) The option referred to in article 312 may only be exercised with respect to the administrative acts issued after the validity of this reform.
M) The Civil and School Retirement and Pension Funds, the Industry and Commerce Fund, and the Rural and Domestic Workers Fund and the Old-Age Pension Fund, will be governed by the Board of Directors of the Social Security Bank, which will be composed as follows:
to) four members appointed by the Executive Power, in the manner provided in article 187 , one of whom will preside over it;
b) one elected by active members;
c) one elected by passive members;
d) one elected by the contributing companies.
As long as the elections of the representatives of the affiliates in the Board of Directors of the Social Welfare Bank are not held, it will be made up of the members appointed by the Executive Power and in that period the vote of the President of the Board of Directors will be decisive in case of a tie, even when this has occurred as a result of their own vote.
N) Until the law foreseen for its integration is enacted, the National Council for Primary and Normal Education will be made up of five members, at least three of whom must be teachers with more than ten years of seniority, appointed by the Executive Power in agreement to the provisions of article 187 .
EITHER) The Planning and Budget Commission will be made up of the Ministers of: Finance; Livestock and agriculture; Industry and Commerce; Labor and Social Security; Public Works; Public health; Transport, Communications and Tourism, and Culture, or their representatives and the Director of the Office, who will chair it. It will be installed immediately, with the tasks, tools, furniture and personnel of the current Investment and Economic Development Commission.
P) The National Council of Subsistence and Price Controller, the Directory of the National Institute of Affordable Housing, the National Commission of Physical Education and the Board of Directors of the Official Radio Broadcasting Service, will be made up of three members, appointed by the Executive Power in Council of Ministers.
Q) All boards and authorities whose form of integration is modified by these amendments will continue in office until their successors are appointed or elected.
A) The provision established in article 77 , paragraph 9), which refers to the separation of ballot papers for Departmental Governments, will not apply for the election of November 27, 1966.
S) Within a year, the Executive Branch will submit to the Legislative Branch the bill referred to in article 202 .
T) The members of the current National Government Council may be elected to hold the positions of President or Vice President of the Republic; and the members of the current Departmental Councils may be so to hold the positions of Municipal Mayors. The prohibitions established in article 201 will not apply in the national election of 1966.
OR) The Presidency of the General Assembly will immediately publish the new text of the Constitution.
v) * This reform of article 67 will enter into force as of May 1, 1990. On the occasion of the first adjustment to be made after that date, it will be made, at a minimum, based on the variation in the Average Index of Wages between January 1, 1990 and the effective date of said adjustment.
v) ** Without prejudice to the provisions of articles 216 and 256 and following of the Constitution of the Republic, declare the unconstitutionality of any modification of social security, social insurance, or social security ( article 67 ) that is contained in budget laws or accounts, as of October 1, 1992. The Supreme Court of Justice, ex officio, or at the request of any inhabitant of the Republic, will issue a pronouncement without further ado, indicating the norms to which this declaration must be applied, which will be communicated to the Executive Power and the Legislative Power. Said norms will cease to produce effect for all cases, and retroactively to their validity.
W ) The internal elections to select the sole presidential candidacy for the National Elections to be held in 1999, as well as those that take place thereafter, and before the law provided for in number 12) of article 77 is enacted , will be held in according to the following bases:
to) All those registered in the Civic Registry may vote.
b) They will be held simultaneously on the last Sunday of April of the year in which the national elections are to be held by all the political parties that attend the latter.
c) The vote will be secret and not mandatory.
d) In a single act and voting sheet, the vote will be expressed:
one) by the citizen to nominate as the sole candidate of the Party for the Presidency of the Republic;
two) by the payrolls of national and departmental conventions.
To integrate both conventions, proportional representation will be applied and the pre-candidates will not be able to accumulate each other.
The reference to conventions includes the electoral college or deliberative body with partisan electoral functions determined by the Organic Charter or the equivalent statute of each political party.
and) The pre-candidate with the most votes will be nominated directly as the sole candidate for the Presidency of the Republic, provided that he has obtained the absolute majority of the valid votes of his party. It will also be that pre-candidate who has exceeded forty percent of the valid votes of his party and who, in addition, would have surpassed the second pre-candidate by no less than ten percent of the referred votes.
F) In the absence of any of the circumstances referred to in the preceding paragraph, the National Electoral College, or the deliberative body that takes its place, arising from said internal election, will nominate the candidate for the Presidency in nominal and public vote, by absolute majority. of its members.
g) Whoever presents himself as a candidate for any position in the internal elections, may only do so for a political party and is disqualified from presenting himself as a candidate for any position for another party in the immediate national and departmental elections.
Said disqualification also reaches those who apply as candidates for any position before the partisan electoral bodies.
i) If the definitive vacancy occurs in a presidential candidacy before the national election, it will be automatically occupied by the candidate for Vice President, unless otherwise resolved before the registration of the lists, by the national electoral college or equivalent deliberative body, expressly convened for such purposes.
If it occurs in relation to the candidate for Vice President, it will correspond to the presidential candidate to designate his substitute, unless otherwise resolved in accordance with the provisions of the preceding paragraph.
X) As long as the law foreseen in the penultimate paragraph of article 230 is not enacted , the Sectoral Commission will be made up of the delegates of the competent Ministries and by five delegates of the Congress of Mayors, and must be installed within ninety days from the entry into validity of this constitutional amendment.
Y) As long as the laws provided for in articles 262 and 287 are not enacted , local authorities will be governed by the following rules:
one) They will be called Local Boards, they will have five members and, when they are elective, they will be integrated by proportional representation, in which case they will be chaired by the first holder of the most voted list of the most voted motto in the respective territorial constituency. Otherwise, its members will be appointed by the Mayors with the consent of the Departmental Board and respecting, as far as possible, the existing proportionality in the representation of the various parties in said Board.
two) There will be Local Boards in all the towns in which they exist on the date of entry into force of this Constitution, as well as in those that, as of said date, create the Departmental Board, at the proposal of the Intendant.
Z) While the law foreseen in article 271 is not enacted , the candidates of each Party to the Municipal Administration will be nominated by their departmental deliberative body or by the one that, according to their respective Organic Charters or Statutes, acts as an Electoral College. This body will be elected in the internal elections referred to in Transitory Provision letter W ).
The candidate who has received the most votes by the members of the electoral body will be nominated. It may also be whoever follows him in number of votes as long as he exceeds thirty percent of the votes cast. Each conventional or member of the body that acts as the Electoral College will vote for a single candidate.
If the definitive vacancy occurs in a candidacy for the Municipal Administration before the departmental election, it will be automatically occupied by its first substitute, unless otherwise resolved before the registration of the lists, by the Departmental Electoral College or equivalent deliberative body, expressly summoned to such effects.
If it occurs in relation to the first substitute, it will correspond to the Departmental Electoral College or equivalent deliberative body, the appointment of his substitute.
Z’) The current mandate of the Municipal Mayors, Departmental Mayors and members of the elective Local Boards, will be extended, for the only time, until the assumption of the new authorities as provided in article 262 of this Constitution.
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