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Scope and Use

This entry forms part of the constitutional corpus presented in the Appendix, comprising the twenty-five constitutions of Venezuela and organized for consultation rather than sequential reading.  Comparison proceeds by means of permanent rubric codes whose identities remain constant across the corpus; absent rubrics signify constitutional silence, while retired rubrics are not reassigned.  Citations are anchored first on the article number and follow the CIDEP recension linked at the close of the entry.  The full corpus definition, methodology, and citation convention are set forth in the Scope and Use note heading the 19th-Century Constitutions, which opens in the installment of “Unmasking Disappointment:  Series XI”.

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25) The Constitution of 1999

The 1999 Constitución de la República Bolivariana de Venezuela [Constitution of the Bolivarian Republic of Venezuela] was approved by the Venezuelan people through constituent referendum on 15 December 1999 and proclaimed by the Asamblea Nacional Constituyente [National Constituent Assembly] in Caracas on 20 December 1999, as recorded in the constitutional closing.  Its final provision makes official-gazette publication, after referendum approval, the condition of commencement.  The closing and compliance formulas name the Constituent Assembly and its President; their printed name variants are recorded under CON-FIN.  The CIDEP recension also reproduces five later amendment readings in footnotes, identified separately under CON-AMD. (CIDEP 1999, Final Provision and closing and compliance formulas, pp. 66–67; amendment notes 1–5, pp. 28–29, 32, 36, 41).

DOC-PRE—Preamble

(modern Latinate English translation by the author from the CIDEP recension)

“The people of Venezuela, in exercise of their creative powers and invoking the protection of God, the historical example of our Liberator Simón Bolívar, and the heroism and sacrifice of our Indigenous ancestors and of the precursors and founders of a free and sovereign country;

“For the supreme purpose of refounding the Republic to establish a democratic, participatory, multiethnic, and pluricultural society in which the people take the leading role, within a federal and decentralized State of justice that consolidates the values of liberty, independence, peace, solidarity, the common good, territorial integrity, coexistence, and the rule of law for this and future generations; secures the rights to life, work, culture, education, social justice, and equality without discrimination or subordination of any kind; promotes peaceful cooperation among nations and advances and consolidates Latin American integration in accordance with non-intervention and the self-determination of peoples, the universal and indivisible guarantee of human rights, the democratization of international society, nuclear disarmament, ecological balance, and legally protected environmental interests as the common and irrenounceable patrimony of humanity;

“In exercise of their original power, represented by the National Constituent Assembly through free voting and democratic referendum, decree the following Constitution.”

(CIDEP 1999, p. 4, preamble; cf. 1961, preamble, p. 4:  “in representation of the Venezuelan people, for whom it invokes the protection of Almighty God”).

FND-TER—Territory

The República Bolivariana de Venezuela [Bolivarian Republic of Venezuela] is irrevocably free and independent, with its moral patrimony and values of liberty, equality, justice, and international peace founded upon the doctrine of Simón Bolívar.  Independence, liberty, sovereignty, immunity, territorial integrity, and national self-determination are irrenounceable national rights.  The Republic is a decentralized federal State governed by territorial integrity, cooperation, solidarity, concurrence, and shared responsibility. (Arts. 1, 4; cf. 1961, Arts. 1–2:  “The República de Venezuela [Republic of Venezuela] is a Estado Federal [Federal State], in the terms established by this Constitution.”).

The national symbols are the yellow, blue, and red flag, the anthem Gloria al bravo pueblo, and the republican coat of arms, with characteristics, meanings, and uses prescribed by law.  Castilian remains official; Indigenous languages also have official use for Indigenous peoples and are to be respected throughout the Republic as national and human cultural patrimony. (Arts. 8–9; cf. 1961, Arts. 5–6:  “The official language is Castilian.”).

Territory and geographical spaces derive from the Capitanía General de Venezuela [Captaincy General of Venezuela] before the transformation initiated on 19 April 1810, subject to treaties and arbitral awards not vitiated by nullity.  Sovereignty covers the enumerated continental, insular, lacustrine, fluvial, maritime, aerial, subterranean, and resource spaces.  The insular enumeration names Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, Margarita, Cubagua, Coche, Los Frailes, La Sola, Los Testigos, Patos, and Aves, together with the specified existing or emerging islands, islets, cays, and banks.  Exclusive rights over the contiguous zone, continental shelf, and exclusive economic zone follow international law and statute; rights in overlying outer space and common human patrimony follow agreements and national legislation. (Arts. 10–11; cf. 1961, Art. 7:  “with the modifications resulting from treaties validly concluded by the Republic”).

National territory may not be ceded, transferred, leased, or alienated, even temporarily or partly, to foreign States or other subjects of international law.  Venezuelan geographical space is a zone of peace without foreign military bases or installations having military purposes.  Reciprocal acquisition of diplomatic or consular premises is permitted within the legally designated area, with sovereignty reserved.  Vacant lands in federal dependencies and fluvial or lacustrine islands cannot be alienated or granted in a manner transferring ownership. (Art. 13; cf. 1961, Art. 8:  “to a foreign power”).

Statute establishes a special regime for territories incorporated through their inhabitants’ free determination and National Assembly acceptance.  The State must maintain an integral land, island, and maritime frontier policy protecting territorial integrity, sovereignty, security, defence, national identity, diversity, and the environment; an organic frontier law determines responsibilities and objectives, with special economic allocations suited to each frontier region. (Arts. 14–15; cf. 1961, Art. 15:  “and with the acceptance of Congress”).

Territory comprises States, the Distrito Capital [Capital District], federal dependencies, and federal territories, organized in municipalities.  Organic law regulates political and territorial division, municipal autonomy, and decentralization; creation of federal territories within States requires an approving referendum in the affected entity.  Special law may elevate all or part of a territory to statehood.  Federal dependencies are maritime islands outside a State and islands forming or appearing in the territorial sea or above the continental shelf.  Caracas is the capital and national seat, without excluding national functions elsewhere; special law establishes a two-level metropolitan municipal government integrating the Distrito Capital [Capital District] municipalities and the corresponding Miranda municipalities. (Arts. 16–18; cf. 1961, Arts. 9–14:  “the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies]”).

POW-LEG—Congress

The Asamblea Nacional [National Assembly] comprises deputies elected in each federal entity by universal, direct, personalized, secret voting with proportional representation.  The population base is 1.1 per cent of the country’s total population, with three additional deputies per entity and three Indigenous deputies elected according to law and their traditions.  Each deputy has an alternate chosen in the same process.  Deputies serve five years and, in the main text, may be re-elected for at most two consecutive terms.  The later amendment readings are recorded separately under CON-AMD. (Arts. 186, 192; cf. 1961, Arts. 135, 138, 151:  “Legislative Power is exercised by Congress, comprising two Chambers:  the Senate and the Cámara de Diputados [Chamber of Deputies].”).

A deputy must be Venezuelan by birth or naturalized with at least fifteen years’ residence in Venezuela, over twenty-one, and resident for four consecutive years in the represented entity before election.  The National Assembly’s President and Vice-Presidents must be Venezuelan by birth without another nationality. (Arts. 41, 188; cf. 1961, Art. 152:  “To be a Deputy it is required to be Venezuelan by birth and over twenty-one years of age.”).

The listed executive, autonomous-institute, state-enterprise, gubernatorial, and comparable capital officers are ineligible until three months after final separation; other remunerated public officers are subject to the stated electoral-jurisdiction rule and exceptions, with further organic-law exclusions permitted.  Deputies may not own, administer, or direct companies contracting with state legal persons, or pursue private gainful claims before them, and must abstain in economic conflicts of interest.  Acceptance or exercise of public office forfeits legislative investiture, apart from the specified non-exclusive teaching, academic, incidental, or assistance activities. (Arts. 189–191; cf. 1961, Art. 141:  “Senators and Deputies may accept office as Minister, Secretary of the Presidency of the Republic, Governor, head of diplomatic mission, or President of an Autonomous Institute without losing their investiture.”).

The Assembly legislates on national matters, controls government and national administration, promotes participation, decrees amnesties, approves budgets, taxation, borrowing, additional credits, development-plan lines, designated contracts, treaties, appointments, foreign distinctions, military missions, national immovable sales, and qualifying presidential travel.  It protects state interests and autonomy, grants Pantheon honours after twenty-five years, regulates its proceedings and internal security, qualifies members, considers resignations, and administers its own budget and organization.  Temporary separation of a deputy requires two-thirds of those present.  Constitutional reform and censure follow the separate rules recorded below. (Arts. 187(1–9), (11–24); cf. 1961, Arts. 139, 150, 153, 158:  “Congress shall legislate on matters of national competence and on the functioning of the different branches of Poder Nacional [National Power].”).

A censure motion against the Executive Vice-President or a minister is discussed only after two days.  Article 187(10) specifies three-fifths of deputies for removal, and Art. 240 specifies three-fifths of the Assembly’s membership for vice-presidential censure.  Article 246 specifies three-fifths of members present for ministerial censure.  Removal bars the officer from either executive vice-presidential or ministerial office for the remainder of the presidential term.  The consequence of three vice-presidential removals is recorded under POW-EXE. (Arts. 187(10), 240, 246; cf. 1961, Art. 153(2):  “by two-thirds of the Deputies present”).

The Assembly appoints standing, ordinary, special, and temporary investigative commissions.  No more than fifteen standing commissions correspond to national sectors; their creation or suppression requires two-thirds of the membership.  The Assembly annually elects its President and two Vice-Presidents from its members, and a secretary and deputy secretary from outside.  During recess the Comisión Delegada [Delegated Commission] comprises those presiding officers and the standing-commission presidents.  It convokes extraordinary sessions, authorizes presidential travel, additional credits, and urgent public-service changes, appoints temporary commissions, and investigates; public-service authorization requires two-thirds. (Arts. 193–196; cf. 1961, Arts. 178–180:  “a Commission comprising the President, Vice-President, and twenty-one members of Congress”).

Deputies serve exclusively in the people’s interest, maintain contact with electors, report annually, and are subject to recall; a recalled deputy may not seek elective office in the following term.  They are not responsible for votes and opinions expressed in office, answering to electors and the legislative body under the Constitution and rules.  They represent the people and States collectively, remain subject to conscience rather than instructions, and vote personally. (Arts. 197–199, 201; cf. 1961, Art. 142:  “They shall answer only before the respective body according to this Constitution and the rules.”).

Immunity runs from proclamation until the mandate or resignation ends.  The Tribunal Supremo de Justicia [Supreme Tribunal of Justice] has exclusive cognizance of alleged offences and alone may, with prior Assembly authorization, order detention and continue prosecution.  Flagrancy entails custody at the deputy’s residence and immediate notice to the Tribunal.  Officials violating immunity incur criminal responsibility. (Art. 200; cf. 1961, Art. 143:  “until twenty days after the conclusion of the mandate or resignation”).

Laws are acts enacted by the Assembly as legislator; systematic compilations may be Codes.  Organic laws comprise constitutionally designated laws and laws organizing public powers, developing constitutional rights, or providing frameworks for other laws.  Admission of bills not constitutionally designated as organic requires two-thirds of those present; the same qualified vote applies to modification of organic laws.  The Sala Constitucional [Constitutional Chamber] reviews the organic character within ten days before promulgation.  Enabling laws require three-fifths of the membership and prescribe the guidelines, purposes, subject framework, and period of presidential delegation with the rank and force of law. (Arts. 202–203; cf. 1961, Art. 163:  “by an absolute majority of the members of each Chamber”).

Legislative initiative belongs to the executive, Delegated and standing commissions, at least three deputies, the Tribunal Supremo [Supreme Tribunal] on judicial matters, Citizen Power on its organs, Electoral Power on elections, at least 0.1 per cent of registered electors, and state Legislative Councils on state matters.  Elector-initiated bills must begin discussion by the following ordinary session or go to an approving referendum.  States must be consulted through their Legislative Councils on legislation concerning them, with statutory civil-society consultation mechanisms. (Arts. 204–206; cf. 1961, Art. 165(5):  “to a number of electors not below twenty thousand”).

Bills receive two discussions on different days.  First discussion examines reasons, objectives, scope, viability, and articles, followed by a commission report within thirty consecutive days.  Second discussion proceeds article by article; amendments return to commission for incorporation within fifteen consecutive days, and the plenary resolves remaining discrepancies by majority.  Pending bills may continue in later or extraordinary sessions.  Consultation extends to state organs, citizens, and organized society; designated executive, judicial, citizen, electoral, state, and social representatives may speak under the rules. (Arts. 207–211; cf. 1961, Art. 166:  “in each Chamber no fewer than two discussions, on different days and in plenary Chamber”).

The legislative formula names the Asamblea Nacional de la República Bolivariana de Venezuela [National Assembly of the Bolivarian Republic of Venezuela].  Enacted texts are made in duplicate with final wording, the definitive approval date, and signatures of the President, two Vice-Presidents, and secretary; the President of the Assembly sends one copy for promulgation. (Arts. 212–213; cf. 1961, Arts. 171–172:  “The Congreso de la República de Venezuela [Congress of the Republic of Venezuela]”).

Within ten days of receipt the President promulgates or, with Council agreement, requests reasoned changes or removal of sanction in whole or part.  An absolute majority of deputies present resolves the request; the returned law must be promulgated within five days without further observations.  An unconstitutionality objection goes within the ten-day period to the Sala Constitucional [Constitutional Chamber], which has fifteen days to decide.  Rejection of the objection or expiry of the judicial period requires promulgation within five days. (Art. 214; cf. 1961, Art. 173:  “The Chambers in joint session shall decide upon the points raised by the President of the Republic”).

Promulgation is publication with the Cúmplase [Let it be complied with] in the Gaceta Oficial de la República Bolivariana de Venezuela [Official Gazette of the Bolivarian Republic of Venezuela].  Upon presidential omission, the Assembly President and both Vice-Presidents promulgate, without prejudice to responsibility.  The executive determines treaty-approval promulgation under international usage and national convenience.  Laws are repealed by laws and abrogated by referendum subject to constitutional exceptions; partial reform is published as a consolidated text. (Arts. 215–218; cf. 1961, Art. 177:  “Laws are repealed only by other laws”).

Ordinary sessions run from 5 January or the nearest following day through 15 August, and from 15 September or the nearest following day through 15 December.  Extraordinary sessions concern the convocation, connected matters, and matters declared urgent by a majority of the membership.  Rules govern installation, sessions, and commissions; the quorum may never be below an absolute majority of the membership. (Arts. 219–221; cf. 1961, Art. 154:  “on 2 March of each year or the nearest following day and shall last until the following 6 July”).

Legislative control operates through interpellations, investigations, questions, authorizations, approvals, and other lawful mechanisms.  The Assembly may declare political responsibility and request Citizen Power proceedings.  Public officers and private persons must supply information and documents and appear before commissions, with constitutional rights reserved.  Investigation does not displace other public powers; judges must take evidence commissioned by the Assembly or its commissions. (Arts. 222–224; cf. 1961, Art. 160:  “with no less than forty-eight hours’ notice”).

ECO-HAC—Treasury

Everyone must contribute through statutory taxes, charges, and contributions.  National fiscal competence comprises central banking, currency, exchange, finance, capital markets, specified taxes, customs, and fiscal coordination and harmonization.  The system seeks just distribution according to capacity and progression, economic protection, and higher living standards through efficient collection.  Taxes and incentives require law; confiscatory taxation and personal-service payment are barred.  Tax laws fix commencement, otherwise sixty consecutive days apply.  Evasion may be criminally punished, with double punishment for public officers; the national tax administration has technical, functional, and financial autonomy. (Arts. 133, 156(11–15), (21), 316–317; cf. 1961, Arts. 223–226:  “No tax payable in personal service may be established.”).

State revenue comprises property, services, sanctions, fiscal instruments, the Situado Constitucional [constitutional revenue allocation], assigned taxation, transfers, and interterritorial compensation.  The Situado has a maximum of twenty per cent and a minimum of fifteen per cent of estimated ordinary national revenue, subject to the stated financial-sustainability conditions.  Thirty per cent is distributed equally among States and the Distrito Capital [Capital District], and seventy per cent by population.  States invest at least half their share; municipalities receive at least twenty per cent of the State’s Situado and other ordinary revenue.  National budget changes require proportional adjustment. (Art. 167; cf. 1961, Art. 229:  “until reaching a definitive minimum of fifteen per cent (15%)”).

Municipal revenue includes property and ejidos [municipal common lands], service and licence charges, economic-activity, urban-property, vehicle, spectacle, lawful gambling, advertising, land-value increment, and rural-land taxation, transfers, sanctions, and other lawful receipts.  Municipal taxing power is distinct from national or state regulatory powers.  Other territorial entities’ tax immunities extend to their state legal persons, but not concessionaires or contractors.  States and municipalities may not create reserved customs or transit levies, tax goods before local circulation, or discriminate against outside goods; agriculture, livestock, fisheries, and forestry taxation follows national law. (Arts. 179–180, 183; cf. 1961, Arts. 31, 34:  “with taxes other than ordinary retail-commerce taxes”).

Autonomous institutes require law and public interests in entities are subject to state control.  National law determines the creation of functionally decentralized entities undertaking social or business activities, so as to secure reasonable economic and social productivity of invested public resources. (Arts. 142, 300; cf. 1961, Art. 230:  “Autonomous institutes may be created only by law and in conformity with the respective Organic Law.”).

National public-interest contracts require Assembly approval where law prescribes; municipal, state, or national contracts with foreign States, official foreign entities, or non-domiciled companies, and transfers to them, require Assembly approval.  Law may impose nationality, domicile, other conditions, or guarantees.  The Venezuelan-court and no-foreign-claims clause remains incorporated where compatible with the contract’s nature.  The Assembly authorizes qualifying alienation of national private immovables, and the President concludes national-interest contracts under the Constitution and law.  Article 150 contains no corresponding separate authorization sentence on new hydrocarbon concessions. (Arts. 150–151, 187(9), (12), 236(14); cf. 1961, Art. 126:  “the granting of new hydrocarbon concessions”).

Fiscal management follows efficiency, solvency, transparency, responsibility, and balance within a multi-year framework whose expenditure and debt ceilings require legislative sanction.  Ordinary revenue must cover ordinary expenditure; subsurface-resource income is directed towards productive investment, education, and health.  Applicable principles extend to States and municipalities.  Law limits borrowing prudently, and special authorizing legislation accompanies the annual budget, subject to organic-law exceptions.  Only obligations lawfully incurred by legitimate national organs are recognized.  Presidential powers include treasury administration and negotiation of national loans. (Arts. 311–312, 236(11–12); cf. 1961, Arts. 231–233:  “Loans shall not be contracted except for productive works”).

The annual budget requires law; failure to submit it on time or legislative rejection continues the existing budget.  The Assembly may alter appropriations but may not reduce public receipts or authorize expenditure above the project’s estimates.  Unprovided or insufficiently funded necessary expenditure requires available treasury resources, prior Council approval, and Assembly or Delegated Commission authorization.  Public budgets identify objectives, expected results, responsible officers, and practicable performance indicators.  The executive renders budget-execution accounts and balances within six months after year-end. (Arts. 313–315, 187(6–7), 196(3), 236(13); cf. 1961, Art. 228:  “but shall not authorize expenditure exceeding the revenue estimates of the respective Budget Bill”).

The Banco Central de Venezuela [Central Bank of Venezuela] exercises national monetary competence exclusively and obligatorily, with public legal personality and policy autonomy.  Its fundamental object is price stability and preservation of the currency’s internal and external value.  The unit is the bolívar; a treaty-based common Latin American and Caribbean currency may be adopted.  Functions include monetary and exchange policy, currency, credit, interest rates, and international reserves, coordinated with general economic policy. (Art. 318; new; 1961, Art. 136(7):  no corresponding constitutional organization of the Central Bank).

The Central Bank reports policies, goals, results, and macroeconomic variables to the Assembly, undergoes comptroller and banking supervision and external audit, and submits its operating budget for legislative approval.  Unjustified failure of objectives may entail directors’ removal and administrative sanctions.  The Bank is not subordinate to executive directives and may not validate or finance deficit fiscal policies.  An annual published agreement coordinates finance-ministry and Bank policies and accountability.  Statute establishes a macroeconomic stabilization fund protecting public expenditure against ordinary-revenue fluctuations. (Arts. 319–321; new; 1961, Arts. 223–239:  no corresponding Central Bank accountability, macroeconomic-policy agreement, or stabilization-fund provisions).

The Contraloría General de la República [Office of the Comptroller General of the Republic] is an autonomous organ of Citizen Power controlling public receipts, expenditure, assets, debt, and related operations.  It inspects, investigates, makes objections, imposes lawful administrative sanctions, requests prosecution, and evaluates management.  The Contralor [Comptroller] serves seven years, must be Venezuelan by birth without another nationality, over thirty, and demonstrably qualified and experienced.  Appointment follows the Citizen Power procedure recorded under POW-JUD; organization and the national fiscal-control system follow law. (Arts. 273, 279, 287–290; cf. 1961, Arts. 234–239:  “is an auxiliary organ of Congress in its control of the Hacienda Pública [Public Treasury]”).

The Contraloría General de la Fuerza Armada Nacional [Office of the Comptroller General of the National Armed Force] forms part of the national control system and audits armed-forces receipts, expenditure, and assets without diminishing the national Contraloría’s competence.  Its head is chosen through a competitive examination; organization follows law. (Art. 291; new; 1961, Arts. 234–239:  no corresponding constitutional organization of a separate armed-forces comptroller).

POW-EXE—Executive

Venezuela constitutes a democratic and social State of Law and Justice, with the enumerated human, democratic, ethical, and pluralist values.  State purposes comprise human dignity and development, democratic popular will, justice, peace, prosperity, welfare, and constitutional guarantees; education and work are fundamental means.  Sovereignty belongs inalienably to the people, exercised directly under the Constitution and law and indirectly through suffrage.  Government is democratic, participatory, elective, decentralized, alternating, responsible, pluralist, and subject to recall.  The Constitution is supreme and binds all persons and state organs.  Art. 2 ends with the printed word “de”. (Arts. 2–3, 5–7; cf. 1961, Arts. 3–4:  “democratic, representative, responsible, and alternating”).

Public power is distributed among municipal, state, and national orders; national power is divided into legislative, executive, judicial, citizen, and electoral branches, with distinct functions and cooperation.  Constitutional and statutory competence binds public organs.  Usurpation is ineffective and its acts null; abuse, misuse of power, and constitutional or legal violation entail individual responsibility.  The State bears patrimonial responsibility for injuries attributable to public administration. (Arts. 136–140; cf. 1961, Arts. 117–121, 135:  “Each branch of Poder Público [Public Power] has its own functions”).

Public administration serves citizens under honesty, participation, promptness, efficacy, efficiency, transparency, accountability, responsibility, and submission to law.  Citizens may obtain timely truthful information about proceedings affecting them and final decisions, and access administrative archives subject to lawful democratic limits protecting security, criminal investigation, and privacy.  Officials reporting matters within their responsibility may not be censored. (Arts. 141, 143; cf. 1961, Art. 122:  “Public employees serve the State and no faction.”).

A public-service statute regulates entry, advancement, transfer, suspension, retirement, qualifications, and social security.  Political affiliation cannot determine appointment or removal.  Career entry follows public competition and merit, subject to the enumerated exceptions.  Remuneration must be budgeted; law regulates scales, limits, and pensions.  A second paid public post ordinarily entails resignation from the first, with specified exceptions; multiple pensions require express legal permission.  Public contracting by servants is barred except under law, and foreign offices, honours, and rewards require Assembly authorization. (Arts. 144–149; cf. 1961, Arts. 122–125:  “without the corresponding prior Senate authorization”).

International relations follow sovereignty, popular interests, independence, equality, self-determination, non-intervention, peaceful settlement, cooperation, human rights, and emancipatory solidarity.  Latin American and Caribbean integration may involve treaty-based exercise of powers by supranational organizations; integration rules become directly and preferentially applicable domestic law.  Treaties require Assembly approval before presidential ratification, subject to the listed exceptions for existing obligations, recognized principles, ordinary relations, or express statutory powers.  Compatible peaceful-settlement clauses remain required. (Arts. 152–155; cf. 1961, Arts. 108, 128–129:  “The Republic shall favour Latin American economic integration.”).

Executive power is exercised by the President, Executive Vice-President, ministers, and other designated officers.  The President heads the State and national executive and directs government.  Eligibility requires Venezuelan birth, no other nationality, age over thirty, lay status, no final criminal conviction, and other constitutional requirements.  Universal, direct, secret voting elects the candidate with the greatest number of valid votes.  Service as Executive Vice-President, minister, Governor, or mayor at nomination or before election disqualifies. (Arts. 225–229; cf. 1961, Arts. 181–184:  “nor his relatives within the third degree of consanguinity or second of affinity”).

The main text fixes a six-year presidency and permits immediate re-election once for a further term.  The separately reproduced 2009 amendment reading is recorded under CON-AMD. (Art. 230; cf. 1961, Arts. 135, 185:  “within the ten years following the termination of his mandate”).

The elected President takes office on 10 January of the term’s first year by oath before the Assembly or, for a supervening impediment, before the Tribunal Supremo [Supreme Tribunal].  The President is responsible for official acts and obligations and must protect rights, independence, territorial integrity, sovereignty, and defence; exception does not alter executive responsibility.  A personal annual political, economic, social, and administrative message is due within ten days after ordinary Assembly installation. (Arts. 231–232, 237; cf. 1961, Arts. 186, 191–192:  “personally or through one of the Ministers”).

Permanent presidential absence comprises death, resignation, judicial removal, medically certified permanent incapacity approved by the Assembly, abandonment declared by the Assembly, and popular recall.  Before assumption of office, a new universal, direct, secret election must occur within thirty consecutive days and the Assembly President acts meanwhile.  During the first four years, election follows within thirty consecutive days and the Executive Vice-President acts pending assumption; the elected successor completes the term.  During the final two years the Executive Vice-President completes it. (Art. 233; cf. 1961, Art. 187:  “shall proceed within the following thirty days to elect a new President by secret vote in an expressly convoked joint session”).

The Executive Vice-President supplies temporary presidential absence for up to ninety days, extendible by the Assembly for ninety more.  After ninety consecutive days the Assembly decides by a majority of its members whether the absence is permanent.  Presidential travel abroad requires Assembly or Delegated Commission authorization when exceeding five consecutive days. (Arts. 234–235; cf. 1961, Arts. 188–189:  “The President, or whoever acts in his place, may not leave National Territory without authorization of the Senate or Comisión Delegada [Delegated Commission].”).

Presidential powers comprise constitutional and statutory enforcement, direction of government, executive appointments, foreign relations and treaties, military command, exception measures, enabling-law decrees, extraordinary legislative convocation, regulation without altering legislative spirit, purpose, or reason, fiscal administration, contracts, specified appointments, special messages, the development plan, pardons, executive organization, constitutionally permitted Assembly dissolution, referendums, and defence consultation.  The enumerated functions require Council action; acts other than ministerial and vice-presidential appointment or removal and supreme hierarchical military authority require vice-presidential and relevant ministerial countersignature. (Art. 236; cf. 1961, Art. 190:  “Issue extraordinary measures in economic or financial matters”).

The Executive Vice-President is the President’s direct organ and immediate collaborator, must possess presidential qualifications, and may have no blood or affinity relationship with the President.  Functions include governmental collaboration, administrative coordination, proposals for ministers, authorized Council presidency, legislative relations, presidency of the Consejo Federal de Gobierno [Federal Council of Government], residual appointments, temporary presidential substitution, delegated powers, and statutory duties.  The officer bears constitutional and legal responsibility. (Arts. 238–239, 241; new; 1961, Arts. 181–199:  no corresponding permanent Executive Vice-Presidency).

Three Executive Vice-Presidents removed by censure within one constitutional term empower the President to dissolve the Assembly.  Dissolution calls elections for a new legislature within sixty days and is unavailable during the Assembly’s final year. (Arts. 240, 236(21); new; 1961, Arts. 138–199:  no corresponding presidential power to dissolve the legislature following vice-presidential censures).

The President, Executive Vice-President, and ministers form the Council.  The Vice-President may preside by authorization in the President’s absence, with presidential ratification of decisions.  Participating members are jointly responsible unless their adverse vote is recorded.  Ministers of State may advise without a designated department.  Ministers require Venezuelan nationality and age over twenty-five, subject to constitutional exceptions.  Reasoned departmental reports are due within the first sixty days of each year.  Ministers may speak but not vote in the Assembly and commissions; censure follows the distinct thresholds recorded under POW-LEG. (Arts. 242–246; cf. 1961, Arts. 193–199:  “to be Venezuelan by birth, over thirty years of age, and of lay status”).

The Consejo de Estado [Council of State] is the government’s and national administration’s highest consultative organ for policies on nationally important matters referred by the President.  The Executive Vice-President presides, with five presidential designees, one representative each of the Assembly and Tribunal Supremo [Supreme Tribunal], and a Governor selected by the Governors collectively.  Law determines functions and powers. (Arts. 251–252; new; 1961, Arts. 181–203:  no corresponding constitutional Council of State).

POW-JUD—Judiciary

Judicial authority emanates from citizens and is administered in the Republic’s name under law.  The justice system comprises the Tribunal Supremo de Justicia [Supreme Tribunal of Justice], other courts, Ministerio Público [Public Ministry], public defence, criminal-investigation organs, judicial personnel, prisons, alternative justice, participating citizens, and authorized lawyers.  Judicial power is independent; the Tribunal has functional, financial, and administrative autonomy.  The justice system receives at least two per cent of the ordinary national budget, with reductions or modifications requiring prior Assembly authorization, and may not charge for services.  Judicial entry and promotion require public competitive examinations, citizen participation, and professional formation; appointment and oath belong to the Tribunal Supremo [Supreme Tribunal].  Removal, suspension, and personal responsibility follow law. (Arts. 253–255, 156(31–32); cf. 1961, Arts. 204–205, 207–210:  “In exercising their functions judges are autonomous and independent of the other organs of Poder Público [Public Power].”).

Magistrates, judges, prosecutors, and public defenders may vote but may not conduct partisan, professional-association, union, or similar activism while in office, undertake incompatible gainful activities, or hold other public functions except education.  Judges may not associate among themselves.  Procedure is an instrument of justice, to be simplified, uniform, effective, brief, oral, and public without sacrifice to non-essential formalities.  Community justices of the peace are elected by universal, direct, secret vote; statute promotes arbitration, conciliation, mediation, and other alternatives. (Arts. 256–258; cf. 1961, Art. 207:  “to secure the suitability, stability, and independence of judges”).

Contentious-administrative jurisdiction belongs to the Tribunal Supremo [Supreme Tribunal] and statutory courts, with powers to annul unlawful general or individual administrative acts, including misuse of power, award money and compensation for administrative responsibility, hear public-service claims, and restore injured individual legal situations. (Art. 259; cf. 1961, Art. 206:  “provide what is necessary to restore individual legal situations injured by administrative activity”).

Legitimate Indigenous authorities may administer justice within their habitat under ancestral traditions and their own rules for members, subject to the Constitution, law, and public order, with statutory coordination.  Military criminal jurisdiction belongs to judicial power, uses competitively selected judges and accusatory procedure, and is confined to military offences.  Common offences, human-rights violations, and crimes against humanity go to ordinary courts.  Law regulates other special jurisdictions and courts. (Arts. 260–261; new; 1961, Arts. 204–217:  no corresponding express Indigenous jurisdiction or constitutional limitation of military courts to military offences).

The Tribunal Supremo [Supreme Tribunal] functions in Full Court and Constitutional, Political-Administrative, Electoral, Civil Cassation, Criminal Cassation, and Social Cassation Chambers; the Social Chamber includes agrarian, labour, and juvenile cassation.  Magistrates must be Venezuelan by birth without another nationality, honourable, and jurists of recognized competence meeting the specified fifteen-year professional, professorial, or judicial alternatives.  They serve one twelve-year term.  Social-sector nominations, community consultation, Judicial Nominations Committee and Citizen Power screening precede definitive Assembly selection, with reasoned public objections permitted.  Removal requires two-thirds of the Assembly after hearing and Citizen Power classification of grave misconduct. (Arts. 262–265, 270; cf. 1961, Arts. 212–214:  “for periods of nine years, but shall be renewed by thirds every three years”).

The Tribunal Supremo [Supreme Tribunal] exercises constitutional jurisdiction; determines grounds for presidential prosecution and continues after Assembly authorization; determines grounds concerning the enumerated senior officials and follows the specified referral and common-offence procedure; resolves public-entity administrative controversies; annuls executive administrative acts; interprets legal texts; settles judicial-competence disputes; and hears cassation.  Constitutional functions belong to the Sala Constitucional [Constitutional Chamber], senior-official proceedings to Full Court, and the designated administrative matters to the Political-Administrative Chamber. (Art. 266; cf. 1961, Arts. 215–216:  “shall be exercised by the Court in full”).

The Tribunal Supremo [Supreme Tribunal] directs, governs, administers, inspects, and budgets for the judiciary and public defence, creating an executive magistracy directorate and regional offices.  Statutory disciplinary courts apply the judicial ethics code through public, oral, brief proceedings with due process.  Law secures public-defence autonomy, organization, discipline, suitability, and career benefits, and organizes judicial circuits and regional courts for administrative and jurisdictional decentralization. (Arts. 267–269; cf. 1961, Art. 217:  “The respective Organic Law shall create the Consejo de la Judicatura [Council of the Judiciary]”).

Extradition of foreigners responsible for the enumerated offences concerning capital, drugs, international organized crime, other States’ public patrimony, and human rights may not be refused.  Actions punishing offences against human rights or public patrimony or drug trafficking do not prescribe.  Judicial confiscation, preventive property measures, and public, oral, brief proceedings with due process are provided.  The recension prints “deslegitimación de capitales”. (Art. 271; new; 1961, Arts. 45, 102, 136(4), 250:  no corresponding combined extradition, non-prescription, and criminal-asset procedure).

The State guarantees a penitentiary system protecting human rights and rehabilitation, with work, education, sport, recreation, qualified professional direction, and decentralized state or municipal administration, with possible privatization modalities.  Open regimes, agricultural penal colonies, and non-custodial alternatives receive preference.  Post-release assistance and an autonomous technical penitentiary entity are provided. (Art. 272; cf. 1961, Art. 136(24):  “civil, commercial, criminal, penitentiary, and procedural legislation”).

Citizen Power is exercised by the Consejo Moral Republicano [Republican Moral Council], comprising the Defensor del Pueblo [Ombudsman], Fiscal General, and Contralor General [Comptroller General].  Its organs are independent and possess functional, financial, and administrative autonomy; their heads choose an annually renewable Council president.  Functions cover public ethics, administrative morality, public patrimony, legality, and civic education.  The Council issues warnings and lawful sanctions, reports failures to the competent authority, publishes annual and requested reports, and may demand urgent priority cooperation and classified documents under statutory safeguards. (Arts. 273–278; new; 1961, Arts. 218–222, 234–239:  no corresponding Citizen Power or Republican Moral Council).

A social-sector committee publicly evaluates Citizen Power candidates and submits a triplicate list for each office.  Two-thirds of the Assembly chooses within thirty consecutive days; failure of agreement sends the list to popular consultation by Electoral Power.  If the committee has not been convoked, the Assembly appoints within the statutory period.  Removal by the Assembly requires a prior Tribunal Supremo [Supreme Tribunal] pronouncement under law. (Art. 279; cf. 1961, Arts. 219, 238:  “The Chambers in joint session shall elect the Comptroller General of the Republic”).

The Defensoría del Pueblo [Ombudsman’s Office] promotes, defends, and supervises constitutional and treaty rights and legitimate collective or diffuse interests.  Its head serves one seven-year term and must be Venezuelan by birth without another nationality, over thirty, qualified in human rights, and meet statutory ethical requirements.  Powers include investigation, public-service oversight, constitutional and protective actions, prosecution and corrective requests, legislative initiatives, Indigenous-rights protection, inspections, recommendations, and human-rights education.  Functional immunity places cases exclusively before the Tribunal Supremo [Supreme Tribunal].  Organization follows gratuity, accessibility, promptness, informality, and action of its own motion. (Arts. 280–283; new; 1961, Arts. 218–222:  no corresponding constitutional Ombudsman’s Office).

The Ministerio Público [Public Ministry] is directed by the Fiscal General de la República [Prosecutor General of the Republic], with Supreme Tribunal qualifications and a seven-year term.  It guarantees constitutional and treaty rights, prompt lawful justice, prior trial and due process; directs criminal investigation; brings public criminal and official-responsibility actions; and preserves others’ rights and actions.  Statute organizes national, state, and municipal functions and secures suitability, probity, stability, and prosecutorial careers.  Citizen Power appointment follows Art. 279. (Arts. 284–286; cf. 1961, Arts. 218–222:  “within the first thirty days of each constitutional period”).

The Procuraduría General de la República [Office of the Procurator General of the Republic] separately advises, defends, and represents republican patrimonial interests in and out of court and must be consulted on approval of national public-interest contracts.  The Procurator directs it with statutory collaborators, meets Supreme Tribunal qualifications, and is appointed by the President with Assembly authorization.  The Procurator attends Council meetings with a right to speak.  Organic law governs organization, competence, and functioning. (Arts. 247–250; cf. 1961, Arts. 200–203:  “when convoked to them by the President of the Republic”).

All judges must uphold constitutional integrity and apply the Constitution over incompatible legal norms, including of their own motion.  The Sala Constitucional [Constitutional Chamber] alone annuls the enumerated directly constitutional or law-ranking public acts; it reviews treaties before ratification, exception decrees, legislative omissions, conflicts of laws, constitutional controversies, and final protective or constitutional-review judgments.  It may fix periods and guidelines to correct legislative omissions.  Its constitutional interpretations bind the other chambers and courts; the Tribunal Supremo [Supreme Tribunal] is the supreme and final constitutional interpreter.  Art. 334 begins “Todos Todos”. (Arts. 334–336; cf. 1961, Art. 215(3):  “Declare the total or partial nullity of national laws and other legislative-body acts conflicting with this Constitution”).

POW-SUB—Subnational Government

States are autonomous, politically equal legal persons obliged to preserve independence, sovereignty, and territorial integrity and enforce constitutional law.  Exclusive competence includes their constitutions, local organization, property, revenue, unreserved non-metallic minerals, saltworks, pearl beds, vacant lands, police, fiscal instruments, services, state roads, coordinated national highways and commercial ports and airports, and residual matters.  National framework and state implementing laws regulate concurrent powers under coordination, cooperation, shared responsibility, and subsidiarity; States transfer manageable services and resources to municipalities under state law. (Arts. 159, 164–165; cf. 1961, Arts. 16–18:  “States are autonomous and equal as political entities.”).

Governors must be Venezuelan, over twenty-five, and lay.  They are elected for four years by a majority of those voting, with one immediate re-election permitted in the main text.  They report publicly and annually to the state Contralor [Comptroller], Legislative Council, and planning council.  A seven-to-fifteen-member Consejo Legislativo [Legislative Council] proportionally represents the State’s population and municipalities, legislates, and sanctions the budget.  Deputy qualifications, reporting, and territorially limited immunity apply as appropriate; legislators serve four years with at most two consecutive re-elections in the main text.  Later amendment readings appear under CON-AMD. (Arts. 160–162; cf. 1961, Arts. 19–24:  “Governors shall be freely appointed and removed by the President of the Republic”).

Each State has an organically and functionally autonomous Contraloría, headed through public competition guaranteeing suitability, independence, and neutrality, without diminishing national comptroller powers.  Each also has a Governor-presided Consejo de Planificación y Coordinación de Políticas Públicas [Council for Planning and Coordination of Public Policies], including mayors, state ministerial directors, legislative and municipal representatives, and organized communities, including Indigenous communities where present. (Arts. 163, 166; new; 1961, Arts. 16–24, 235:  no corresponding express state comptroller or state planning-council organization).

Municipalities retain legal personality and autonomy over elections, local matters, and revenue, with effective citizen participation and judicial challenge of acts.  Constitutional, national organic, and state law may establish different democratic local regimes, including Indigenous-population options.  Municipalities may form associations or metropolitan districts; popular consultation, state legislation, or national action governs the specified territorial arrangements.  Local parishes and other entities promote neighbourhood initiative, decentralization, participation, and services without becoming mandatory exhaustive territorial divisions. (Arts. 168–173; cf. 1961, Arts. 25–29:  “Municipalities may be grouped in Districts.”).

The mayor governs and administers the municipality as its first civil authority, must be Venezuelan, over twenty-five, and lay, and is elected for four years by a majority of voters, with one immediate re-election in the main text.  Elected councillors exercise legislation.  The municipal Contraloría audits local revenue, expenditure, assets, and operations under a head chosen by the Council through public competition.  National law may prescribe residence, eligibility, disqualification, and incompatibility rules.  The later mayoral amendment is recorded under CON-AMD. (Arts. 174–177; cf. 1961, Arts. 27, 29:  “In every case municipal organization shall be democratic and conform to the nature of local government.”).

Municipal competence comprises local planning, housing, tourism, recreation, roads, transport, spectacles, advertising, environment, sanitation, civil protection, primary health, social care, preschool education, culture, sport, utilities, cemeteries, peace justice, and police, with national and state competences reserved.  Ejidos remain inalienable and imprescriptible subject to lawful ordinance exceptions; unowned urban land and urban vacant lands become ejidos [municipal common lands] without prejudice to legitimate third-party rights, with Indigenous lands excepted.  A mayor-presided local planning council includes councillors, parish presidents, and neighbourhood and social representatives.  Revenue is recorded under ECO-HAC. (Arts. 178, 181–182; cf. 1961, Arts. 30–32:  “They may be alienated only for construction”).

An Assembly majority may assign national matters to States or municipalities to promote decentralization.  Law creates flexible transfers of manageable services to organized communities and neighbourhood groups, participatory investment and service control, social-economy institutions, co-management, and local public-service enterprises.  The Consejo Federal de Gobierno [Federal Council of Government] plans and coordinates transfers, presided over by the Executive Vice-President with ministers, Governors, one mayor per State, and organized society.  Its secretariat comprises the Executive Vice-President, two ministers, three Governors, and three mayors; an interterritorial fund finances balanced regional development and priority services. (Arts. 157–158, 184–185; cf. 1961, Art. 137:  “by the vote of two-thirds of the members of each Chamber”).

CON-AMD—Amending the Constitution

An amendment adds or modifies articles without altering fundamental structure.  Initiative belongs to fifteen per cent of registered citizens, thirty per cent of the Assembly, or the President in Council.  Legislative initiative requires a majority of the Assembly and ordinary legislative procedure.  Electoral Power submits amendments to referendum within thirty days after formal receipt.  Approved amendments are numbered and printed after the Constitution without altering its text, with number and date noted beneath affected articles. (Arts. 340–341; cf. 1961, Art. 245:  “ratified by two-thirds of the Assemblies”).

Reform is partial revision or substitution without changing fundamental structure and principles.  Initiative belongs to an Assembly majority, the President in Council, or at least fifteen per cent of registered electors.  The Assembly conducts first discussion in the presentation session, second by title or chapter, and third article by article, approving within two years by two-thirds of its membership. (Arts. 342–343; cf. 1961, Art. 246:  “general reform”).

An approved reform goes to referendum within thirty days of sanction.  Voting is on the whole, with up to a third separately votable upon the specified legislative, presidential, or elector initiative.  More affirmative than negative votes approve.  A rejected reform initiative cannot return in the same constitutional term.  The President promulgates amendments or reforms within ten days of approval, with substitute promulgation upon omission. (Arts. 344–346; cf. 1961, Arts. 247–249:  “Rejected amendment or reform initiatives may not be presented again in the same constitutional period.”).

The people are the repository of original constituent power and may convoke an Asamblea Nacional Constituyente [National Constituent Assembly] to transform the State, create a new legal order, and draft a Constitution.  Convocation initiative belongs to the President in Council, two-thirds of the Assembly, municipal councils in cabildos by the prescribed two-thirds vote, or fifteen per cent of registered electors.  The President may not object to the new Constitution; constituted powers may not impede constituent decisions.  After promulgation the new Constitution is published in the official or constituent gazette. (Arts. 347–349; new; 1961, Arts. 245–249:  no corresponding permanent Constituent Assembly procedure).

The Constitution retains force despite displacement by force or purported repeal outside its own procedure; every citizen, with or without authority, must assist restoration.  The people, faithful to republican tradition, independence, peace, and liberty, are to disown any regime, legislation, or authority contrary to democratic values, principles, and guarantees or impairing human rights. (Arts. 333, 350; cf. 1961, Art. 250:  “This Constitution shall not lose its force if it ceases to be observed through an act of force”).

Later Amendment Readings (2009)

The recension separately reproduces five later amendment readings in footnotes, each labelled “Enmienda N° 1 del 14-01-2009”.  They retain the four-year gubernatorial, state-legislative, and mayoral terms, the five-year deputy term, and the six-year presidency while replacing the main text’s limits on consecutive re-election with permission to be re-elected.  These are the footnotes’ stated label and later readings, separately identified here without incorporating them into the 1999 main text. (CIDEP 1999, amendment notes 1–5, pp. 28–29, 32, 36, 41).

CIV-SUF—Suffrage

Citizenship gives Venezuelans the political rights and duties prescribed for their age and status, subject to civil interdiction and political disqualification.  Political rights are generally reserved to Venezuelans, with specified early-arriving naturalized residents enjoying birth-national rights.  Citizens participate directly or through elected representatives.  Suffrage is a right exercised freely, universally, directly, and secretly with personalized voting and proportional representation.  Venezuelans who have completed eighteen may vote; qualifying foreigners of eighteen with over ten years’ residence receive parish, municipal, and state voting.  Electors may demand public, transparent, periodic reports against representatives’ programmes. (Arts. 39–40, 62–64, 66; cf. 1961, Arts. 110–113:  “Its exercise shall be obligatory within the limits and conditions established by law.”).

Final convictions for offences committed in public functions or affecting public patrimony disqualify candidates for elected office for the statutory period after completion of sentence, according to the offence’s gravity.  The political-rights provisions contain no general literacy qualification corresponding to that of the antecedent. (Arts. 39–42, 62–67; cf. 1961, Art. 112:  “electors who can read and write, over twenty-one years of age”).

Political associations must organize and select leaders and candidates democratically through internal elections.  State financing is prohibited; private finance, campaigns, expenditure limits, and supervision follow law.  Citizens and associations may nominate candidates; association leadership may not contract with public entities.  Political and social participation includes elections, referendums, consultation, recall, popular initiatives, open cabildos, binding citizen assemblies, self-management, co-management, cooperatives, savings institutions, and community enterprises under law. (Arts. 67, 70; cf. 1961, Art. 114:  “by democratic methods, in the orientation of national policy”).

Nationally important matters may undergo consultation on initiative of the President in Council, an Assembly majority, or ten per cent of registered electors.  Parish, municipal, and state consultation may be initiated by the respective representative body’s two-thirds vote, its executive officer, or ten per cent of the local electoral register. (Art. 71; new; 1961, Arts. 110–116, 246:  no corresponding general consultative-referendum procedure).

All popularly elected offices and magistracies are revocable.  After half the term, twenty per cent of registered constituency electors may request recall.  Recall requires affirmative voters at least equal to those who elected the officer and participation of at least twenty-five per cent of the register, followed by filling the permanent vacancy.  Law regulates collegiate-body recall, and only one recall request may be made during the officer’s term. (Art. 72; new; 1961, Arts. 110–116, 135–153, 181–189:  no corresponding general popular-recall procedure).

Two-thirds of the Assembly may submit a bill to an approving referendum, with twenty-five per cent registered-elector participation required for enactment.  Sovereignty-affecting or supranational-power treaties may be submitted by the President in Council, two-thirds of the Assembly, or fifteen per cent of electors.  Law-abrogation initiative belongs to ten per cent of electors or the President in Council; five per cent may request abrogation of enabling-law decrees.  Forty per cent participation is required.  The listed budget, tax, credit, amnesty, human-rights, and treaty laws are excluded; the same subject may undergo only one abrogative referendum per term. (Arts. 73–74; new; 1961, Arts. 110–116, 126, 128, 177:  no corresponding general legislative, treaty, or abrogative-referendum procedures).

Indigenous peoples receive national and qualifying territorial legislative representation.  The Assembly, President, and justices of the peace are chosen under their respective direct-voting rules.  Active military members expressly receive suffrage but may not seek elected office or conduct political propaganda, militancy, or proselytism.  Legislative and presidential qualifications are recorded under POW-LEG and POW-EXE. (Arts. 125, 186, 228, 258, 330; cf. 1961, Arts. 111–113, 131:  “Electors are all Venezuelans who have completed eighteen years of age”).

Electoral Power is exercised by the Consejo Nacional Electoral [National Electoral Council], with national electoral, civil-and-electoral registry, and political-participation-and-finance organs.  It regulates electoral law, administers its own budget, issues finance and publicity directives, annuls elections, conducts public elections and referendums, organizes specified association elections, maintains the registry, and supervises political organizations and finance.  Organic independence, functional and budgetary autonomy, non-partisanship, impartiality, participation, decentralization, and transparent prompt voting govern.  A social-sector nominations committee precedes Assembly appointment of five politically unaffiliated members by two-thirds, for staggered seven-year terms:  three civil-society nominees at the beginning of the Assembly period and one university and one Citizen Power nominee at its midpoint, with the prescribed six, two, and two alternates respectively.  Removal requires a prior Tribunal Supremo [Supreme Tribunal] pronouncement. (Arts. 292–296; cf. 1961, Art. 113:  “so that no political party or grouping predominates in them”).

Contentious-electoral jurisdiction belongs to the Tribunal Supremo [Supreme Tribunal]’s Electoral Chamber and statutory courts.  Electoral-process law may not be modified during the six months preceding election day or on that day. (Arts. 297–298; new; 1961, Arts. 110–116, 204–217:  no corresponding express electoral jurisdiction or six-month electoral-law restriction).

CIV-CIT—Citizenship

Birth nationality comprises birth in the Republic; foreign birth to two Venezuelan-born parents; foreign birth to one Venezuelan-born parent followed by residence or declaration; and foreign birth to a naturalized Venezuelan parent followed by residence before eighteen and declaration before twenty-five. (Art. 32; cont., 1961, Art. 35).

Certificate naturalization requires ten years’ uninterrupted immediately preceding residence, reduced to five for persons holding original Spanish, Portuguese, Italian, Latin American, or Caribbean nationality.  Foreign spouses may declare after at least five years of marriage.  Foreign minors under the parental authority of a newly naturalized parent may declare before twenty-one after five years’ uninterrupted residence. (Art. 33; cf. 1961, Arts. 36–37:  “The foreign woman married to a Venezuelan”).

Acquiring or choosing another nationality does not forfeit Venezuelan nationality.  Birth nationals may not be deprived of it; naturalization is revocable only by judicial sentence under law.  Nationality may be renounced.  Birth-national recovery requires domicile for at least two years and declaration; naturalized recovery repeats Art. 33 requirements.  The State promotes nationality treaties; law regulates acquisition, choice, renunciation, recovery, revocation, and nullity.  Loss or renunciation entails loss of citizenship, whose exercise or political rights may be suspended only by final judicial sentence in statutory cases. (Arts. 34–38, 42; cf. 1961, Art. 39(1):  “Through choice or voluntary acquisition of another nationality”).

The enumerated presidential, vice-presidential, legislative-presiding, judicial, electoral-presiding, procuratorial, fiscal, comptroller, ombudsman, specified ministerial, frontier gubernatorial and mayoral, and military-law offices require Venezuelan birth without another nationality.  Naturalized holders of the other listed legislative, ministerial, non-frontier gubernatorial, and mayoral offices require domicile with at least fifteen years’ uninterrupted residence and lawful qualifications. (Art. 41; cf. 1961, Arts. 45, 112, 152, 182, 195, 213:  “to be Venezuelan by birth”).

RTS-GAR—Rights

The State guarantees progressive, non-discriminatory, irrenounceable, indivisible, and interdependent human rights.  Free personal development is limited by others’ rights and public and social order.  Equality includes positive measures for vulnerable or marginalized persons, effective legal and administrative protection, no hereditary distinctions, and citizen as the ordinary official treatment.  Unenumerated inherent rights remain enforceable without implementing law.  Ratified human-rights treaties have constitutional rank and domestic precedence where more favourable, with immediate direct application. (Arts. 19–23; cf. 1961, Arts. 43, 50, 61:  “Absence of implementing legislation for these rights does not diminish their exercise.”).

Non-retroactivity permits the lesser-penalty exception; procedural law applies immediately, with favourable treatment of already received criminal evidence and application of the favourable rule in doubt.  Rights-violating public acts are null; officials incur criminal, civil, and administrative responsibility without excuse from superior orders.  Everyone may seek timely effective judicial protection of rights and interests, including collective or diffuse interests, through free, accessible, impartial, transparent, autonomous, independent, responsible, equitable, and expeditious justice without undue delay or useless formalism. (Arts. 24–26; cf. 1961, Arts. 44, 46, 68:  “superior orders manifestly contrary to the Constitution and laws”).

Judicial amparo protects constitutional and inherent personal rights through oral, public, brief, free, informal proceedings, with immediate restoration or its closest equivalent.  All times are available and the matter receives priority.  Any person may seek protection of liberty or security, and the detainee passes immediately into judicial custody.  Exception or restriction of guarantees cannot impair the remedy. (Art. 27; cf. 1961, Art. 49:  “The procedure shall be brief and summary”).

Persons may access data about themselves or their property in public or private registers, discover its use and purpose, and seek judicial updating, rectification, or destruction of erroneous or unlawfully prejudicial data.  Access also extends to information of community or group interest, with journalistic and other lawful professional source confidentiality reserved. (Art. 28; new; 1961, Arts. 59, 63, 68:  no corresponding express personal-data access and correction provision).

The State must investigate and punish official human-rights offences.  Crimes against humanity, grave human-rights violations, and war crimes are imprescriptible; the specified violations go to ordinary courts without pardons, amnesties, or other impunity benefits.  The State must fully compensate attributable human-rights injury, protect ordinary-crime victims, and seek offender reparation.  Persons may petition treaty-created international human-rights organs, and the State must adopt measures to comply with their decisions. (Arts. 29–31; cf. 1961, Arts. 46–47:  “which have not been caused by legitimate authorities in the exercise of their public function”).

Life is inviolable, death punishment is prohibited, and the State protects persons detained, in military or civil service, or otherwise under its authority.  Detention ordinarily requires judicial order, with flagrancy excepted and presentation to judicial authority within forty-eight hours.  Trial in liberty is the rule subject to lawful judicial reasons; bail is untaxed.  Detainees have immediate communication, information, condition-recording, public detention-register, and applicable consular-notification rights.  Penalties are personal, never perpetual or infamous, and confinement may not exceed thirty years.  Authorities must identify themselves; release follows competent order or completed sentence.  Slavery, servitude, and trafficking are prohibited. (Arts. 43–44, 54; cf. 1961, Arts. 48, 58, 60:  “by written order of the official authorized to decree detention”).

Forced disappearance is prohibited even during emergency, exception, or restriction; contrary orders must be disobeyed and reported.  Intellectual and material authors, accomplices, accessories, and attempts incur statutory punishment.  Physical, psychological, and moral integrity exclude torture and cruel, inhuman, or degrading treatment, with rehabilitation for victims, dignified custody, and punishment of official abuse or toleration.  Scientific experimentation and medical or laboratory examinations require free consent subject to the stated life-danger and statutory exceptions. (Arts. 45–46; cf. 1961, Art. 60(3):  “No one may be held incommunicado or subjected to torture”).

The home and private premises are inviolable, subject to judicial entry to prevent crime or execute lawful decisions while respecting dignity; statutory sanitary visits require notice.  Private communications in every form are secret and inviolable, with interference only by competent court order under law and protection of private matters unrelated to the proceeding. (Arts. 47–48; cf. 1961, Arts. 62–63:  “Sanitary visits to be carried out under law may take place only with prior notice”).

Due process governs judicial and administrative action.  Defence, counsel, notice, access to evidence, adequate preparation, exclusion of unlawfully obtained evidence, appeal subject to lawful exceptions, presumed innocence, a competent independent impartial prior tribunal, reasonable time, and interpretation assistance are guaranteed.  Natural judges must be identified; exceptional tribunals are barred.  Compelled confession or incrimination of oneself or the specified family and marital partners is prohibited.  Prior law, no repeated trial, and state or personal reparation for judicial error, unjustified delay, or omission apply. (Art. 49; cf. 1961, Arts. 60, 68–69:  “Persons accused of offences against public affairs may be tried in their absence”).

Movement, domicile, departure, return, and goods transfer remain lawful freedoms; Venezuelans need no entry authorization and may not be sentenced to exile.  Alternative-route access in road concessions follows law.  Petition requires timely adequate response, with statutory sanctions for violation.  Lawful association, unarmed assembly without prior permission, and peaceful manifestation are protected; firearms and toxic substances may not control peaceful demonstrations.  The Republic recognizes asylum and refuge and prohibits extradition of Venezuelans. (Arts. 50–53, 68–69; cf. 1961, Arts. 64, 67, 70–71, 115–116:  “except by commutation of another penalty and at the convicted person’s own request”).

State security organs must protect persons, property, rights, and duties, with lawful citizen participation and necessary, suitable, timely, proportionate force.  Every person has rights to a personal name, parental names and identity, investigation of parentage, free birth registration, and identity documents without qualifying filiation.  Honour, private and intimate life, image, confidentiality, and reputation are protected; law limits information technology to safeguard personal and family privacy and rights. (Arts. 55–56, 60; cf. 1961, Arts. 59, 61, 75:  “Every person has the right to protection against injury to honour, reputation, or private life.”).

Expression through any medium is free of censorship, with responsibility for what is expressed.  Anonymity, war propaganda, discriminatory messages, and promotion of religious intolerance are prohibited; officials may not be censored in reporting their responsibilities.  Communication is free and plural.  Persons have rights to timely, truthful, impartial information, reply, and rectification, and children to information appropriate for their development. (Arts. 57–58; cf. 1961, Art. 66:  “Nor shall war propaganda be permitted”).

The State protects families, household heads, equality, solidarity, mutual respect, original or substitute family life, and adoption in the child’s interest, with international adoption subsidiary to national adoption.  Maternity and paternity receive protection regardless of civil status, with reproductive choice, information, family planning, and reciprocal parental and filial support.  Marriage between a man and woman rests on free consent and equal rights and duties; qualifying stable factual unions between a man and woman produce the same effects. (Arts. 75–77; cf. 1961, Arts. 73–75:  “Maternity shall be protected whatever the mother’s civil status.”).

Children and adolescents are full legal subjects with absolute-priority protection, specialized law and institutions, and progressive active citizenship.  Youth receive development and first-employment opportunities.  Older persons retain dignity, autonomy, social security, suitable work, and pensions not below the urban minimum wage.  Persons with disabilities receive equal opportunity, integration, training, and suitable employment; deaf or mute persons may use Venezuelan sign language.  Adequate serviced housing is a right progressively secured by citizens and the State, with priority to families and those lacking resources. (Arts. 78–82; cf. 1961, Arts. 73, 75:  “so that childhood and youth are protected against abandonment, exploitation, or abuse”).

Health is a fundamental social right and state obligation, with promotion, access, participation, and lawful sanitary duties.  A free, universal, integral, equitable, participatory national public health system integrates with social security; its public assets and services cannot be privatized.  The State finances and regulates health, supports training and national supply production, and guarantees non-profit universal social security for the enumerated contingencies.  Inability to contribute cannot exclude protection; dedicated resources may not be diverted and compulsory contributions remain under social and state direction. (Arts. 83–86; cf. 1961, Arts. 76, 94:  “A social-security system shall be developed progressively”).

Work is a right, duty, and protected social fact.  The State promotes productive dignified employment and protection of self-employed workers; employers guarantee occupational safety, hygiene, and environment.  Sex equality includes recognition of household work as economically productive and social-security entitlement for homemakers under law.  Labour rights and benefits are progressive and non-waivable, reality prevails over appearances, favourable rules apply integrally in doubt, unconstitutional employer acts are null, discrimination is barred, and harmful adolescent labour and exploitation are prohibited. (Arts. 87–89; cf. 1961, Arts. 54, 84–85, 93:  “Women and minor workers shall receive special protection.”).

The ordinary maximum day is eight hours daily and forty-four weekly; lawful night work is limited to seven daily and thirty-five weekly.  Overtime cannot be compelled.  Progressive reduction, beneficial leisure, paid weekly rest, and paid holidays are prescribed.  Wages must support dignity and family needs, with equal pay, profit participation, protection from attachment except maintenance, and timely legal-currency payment.  The public and private minimum living wage is adjusted annually with the basic basket among its references. (Arts. 90–91; cf. 1961, Art. 86:  “forty-eight per week”).

Social benefits reward seniority and protect against unemployment; wages and benefits are immediately enforceable labour credits, with interest on arrears enjoying corresponding privileges.  Law protects stability and limits unjustified dismissal, with unconstitutional dismissals null.  Beneficiaries of intermediary or contractor services bear statutory responsibility without diminishing intermediaries’ or contractors’ joint responsibility; simulation and fraud attract the specified employer responsibility. (Arts. 92–94; cf. 1961, Arts. 88–89:  “without prejudice to their joint responsibility”).

Workers may freely form and join unions without prior authorization or administrative intervention, suspension, or dissolution, with protection against discrimination and interference.  Organizers and leaders receive employment security; internal leadership is renewable by universal, direct, secret voting, personal enrichment is punishable, and leaders declare assets.  Public and private workers may negotiate and conclude collective agreements covering existing and later employees and strike within statutory conditions. (Arts. 95–97; cf. 1961, Arts. 90–92:  “Workers have the right to strike within the conditions fixed by law.”).

Cultural creation is free, with legal intellectual-property protection.  Cultural values and tangible and intangible patrimony receive protection, conservation, restoration, and public support; cultural patrimonial assets are inalienable, imprescriptible, and unattachable.  Public cultural administration has statutory autonomy.  Popular and intercultural expression receives special attention, incentives, and cultural-worker social security.  Media must circulate national cultural works, and television must supply subtitles and sign-language translation for hearing difficulties. (Arts. 98–101; cf. 1961, Arts. 83, 100:  “Rights in scientific, literary, and artistic works, inventions, denominations, marks, and slogans shall receive protection”).

Education is a democratic, free, obligatory human right, social duty, public service, and non-declinable state function, directed towards personality, scientific and humanistic knowledge, work, identity, citizenship, and social participation.  Compulsory education extends from nursery through diversified secondary education; state education is free through undergraduate university level.  Equal access, special needs, priority investment, qualified teachers, merit, professional stability, regulated qualifications and professional membership, and inspected private institutions are prescribed.  Environmental education, Castilian, Venezuelan history and geography, and Bolivarian principles are compulsory as specified.  Media and public information networks support citizenship and technology access. (Arts. 102–108; cf. 1961, Arts. 55, 78–82:  “Law may establish exceptions concerning higher and specialized education in the case of persons possessing financial means”).

University autonomy covers government, patrimony, research, teaching, and extension, with inviolable university premises and statutory autonomy for experimental national universities.  Science, technology, innovation, and information services are of public interest, requiring state resources, private contributions, and ethical safeguards.  Sport and recreation are rights supported through education and health policy; physical education and sport are compulsory through the specified secondary cycle, with protection of athletes and statutory incentives. (Arts. 109–111; new; 1961, Arts. 78–83:  no corresponding express university-autonomy, science-system, or sport-right provisions).

Lawful economic activity and private initiative receive protection within constitutional, human-development, health, security, environmental, and social limits, with state planning and regulation.  Monopolies, abuse of dominance, and concentrated demand are opposed; lawful resource or public-service concessions are temporary and require adequate public-interest consideration.  Economic offences receive severe statutory punishment.  Consumers have quality, truthful-information, choice, equitable-treatment, and reparation rights.  Cooperatives, mutuals, savings associations, and other collective-benefit forms receive recognition and support. (Arts. 112–114, 117–118; cf. 1961, Arts. 72, 96–98:  “Monopolies shall not be permitted.”).

Property is guaranteed with rights of use, enjoyment, and disposal, subject to lawful public-utility or general-interest burdens.  Expropriation requires public utility or social interest, final judgment, and timely just compensation.  Confiscation is confined to constitutional cases; final judicial sentence may reach assets of persons responsible for public-patrimony offences, illicit enrichment under public power, or activities connected with narcotics and psychotropic trafficking. (Arts. 115–116; cf. 1961, Arts. 99–102:  “through final judgment and payment of just compensation”).

Indigenous peoples and communities retain their organization, culture, customs, languages, religions, habitat, and ancestral collective land rights.  The executive demarcates with their participation; lands are inalienable, imprescriptible, unattachable, and non-transferable.  Resource exploitation requires prior information and consultation and may not harm cultural, social, or economic integrity.  Identity, spirituality, sacred places, intercultural bilingual education, appropriate health, and traditional medicine receive protection.  Indigenous peoples form part of a single sovereign indivisible Venezuelan people and must safeguard national integrity; the term people does not carry its international-law meaning here. (Arts. 119–122, 126; cf. 1961, Art. 77:  “their progressive incorporation into the life of the Nation”).

Indigenous economic practices, productive activity, national participation, priorities, training, technical and financial assistance, and labour rights are protected.  Collective intellectual property in knowledge, technology, and innovation is guaranteed; genetic-resource activity must benefit the collective, and patents over these resources and ancestral knowledge are prohibited.  Indigenous political and legislative representation is guaranteed under law, with electoral implementation recorded under CIV-SUF and CON-FIN. (Arts. 123–125; cf. 1961, Art. 77:  “The State shall endeavour to improve the living conditions of the peasant population.”).

Every generation must protect the environment, and everyone has an individual and collective right to safe, healthy, ecologically balanced life and surroundings.  The State protects biodiversity, genetic resources, ecological processes, and protected areas; living genomes cannot be patented.  Participatory sustainable territorial planning, prior environmental and sociocultural impact studies, exclusion of toxic waste, and prohibitions on nuclear, chemical, and biological weapons apply.  Resource-affecting contracts and permits incorporate ecological balance, agreed technology access and transfer, and restoration obligations even when unstated. (Arts. 127–129; cf. 1961, Art. 106:  “their exploitation shall be directed primarily to the collective benefit of Venezuelans”).

Duties comprise national honour and defence, protection of symbols, cultural values, sovereignty, nationality, territory, self-determination, and national interests; obedience to constitutional law and public acts; social responsibility and human-rights solidarity; statutory public contributions; necessary civil or military and electoral service without forced recruitment; and humanitarian and professional community service according to capacity and law. (Arts. 130–135; cf. 1961, Arts. 51–57:  “Military service is compulsory and is rendered without distinction of class or social condition”).

The President in Council may declare exception for grave social, economic, political, natural, or ecological circumstances beyond ordinary powers.  Guarantees may be temporarily restricted except life, freedom from incommunicado detention or torture, due process, information, and other intangible human rights.  Alarm lasts up to thirty days, economic emergency sixty, and internal or external commotion ninety, each extendible once for an equal period with Assembly approval.  Organic law governs measures. (Arts. 337–338; cf. 1961, Arts. 240–241:  “may restrict or suspend constitutional guarantees”).

Exception decrees regulate the affected rights and go within eight days to the Assembly or Delegated Commission for consideration and approval and to the Sala Constitucional [Constitutional Chamber] for constitutional judgment.  They must satisfy the International Covenant on Civil and Political Rights and American Convention on Human Rights.  Executive or legislative revocation follows cessation of causes; public organs continue functioning. (Art. 339; cf. 1961, Arts. 242–244:  “within the ten days following publication”).

REG-MIL—The Military

National security is an essential state competence grounded in integral development, with defence responsibility extending to Venezuelans and public and private persons in national space.  State and civil society share responsibility across economic, social, political, cultural, geographical, environmental, and military fields.  Necessary civil or military service follows law without forced recruitment.  Frontier security receives priority, with statutory zones, special regimes, settlement, and use protecting parks, Indigenous habitat, and specially administered areas. (Arts. 134, 156(7–8), 322, 326–327; cf. 1961, Art. 53:  “Military service is compulsory and is rendered without distinction of class or social condition”).

The President presides over the Consejo de Defensa de la Nación [Council of Defence of the Nation], the highest defence planning and consultative organ, with the specified executive, legislative, judicial, citizen, and ministerial membership.  It determines the national strategic concept under organic law.  Only the State may possess and use war armaments, which become republican property without indemnity or proceedings; the armed forces regulate other arms, ammunition, and explosives under law.  The executive reserves security-operation classification and disclosure within statutory terms. (Arts. 323–325, 236(23); cf. 1961, Art. 133:  “Only the State may possess and use war armaments.”).

The Fuerza Armada Nacional [National Armed Force] is essentially professional, without political militancy, serving exclusively the Nation through military defence, internal-order cooperation, and active national development, under discipline, obedience, and subordination.  It comprises Army, Navy, Aviation, and National Guard, with its own integral social-security regime.  The first three plan, execute, and control defence operations; the Guard cooperates and primarily conducts internal-order operations.  Statute may assign administrative-police and criminal-investigation activities. (Arts. 328–329; cf. 1961, Art. 132:  “The Fuerzas Armadas Nacionales [National Armed Forces] form an apolitical, obedient, and non-deliberative institution”).

Active military members may vote under law but may not seek elective office or engage in political propaganda, militancy, or proselytism.  Promotions follow merit, seniority, vacancies, and statute as an exclusive armed-forces competence; the President exercises supreme command, fixes contingents, and promotes officers from colonel or naval captain.  The Assembly authorizes Venezuelan missions abroad and foreign missions in Venezuela. (Arts. 330–331, 236(5–6), 187(11); cf. 1961, Art. 150(5):  “Authorize promotions of Armed Forces officers from Colonel or Naval Captain, inclusive”).

National civilian security comprises uniformed national police, scientific and criminal investigation, civilian fire and emergency administration, and civil protection and disaster administration.  It protects persons, homes, rights, and public order, supports lawful authority, and shares competence with States and municipalities.  Organs must respect dignity and human rights without discrimination; force follows necessity and proportionality under law. (Arts. 55, 332; cf. 1961, Art. 136(5):  “Identification and national-police services”).

The executive and security provisions contain no corresponding express rule prohibiting simultaneous civil and military authority outside the presidency. (Arts. 225–226, 236, 322–332; cf. 1961, Art. 131:  “Military and civil authority may not be exercised simultaneously by the same official, except by the President of the Republic”).

REG-REL—Religion

Religious belief, teaching, practice, and private or public worship are guaranteed within morality, good customs, and public order.  Churches and confessions have independence and autonomy subject to constitutional and statutory limits; parents may secure religious education consistent with their convictions.  Religious belief cannot excuse legal obedience or deny others’ rights.  Conscience is free within the specified personal and criminal limits, without exemption from lawful duties.  These provisions contain no corresponding express Ecclesiastical Patronage clause. (Arts. 59, 61; cf. 1961, Arts. 65, 130:  “The Republic being in possession of the right of Patronato Eclesiástico [Ecclesiastical Patronage]”).

Lay status is required for Governors, mayors, the President, and through presidential qualifications the Executive Vice-President.  The ministerial, Supreme Tribunal, Ombudsman, Fiscal, and Contralor [Comptroller] qualification articles contain no express corresponding lay-status requirement. (Arts. 160, 174, 227, 238, 244, 263, 280, 284, 288; cf. 1961, Arts. 21, 182, 195, 237:  “over thirty years of age and of lay status”).

ECO-INF—Infrastructure

Mining and hydrocarbon deposits belong to the Republic as inalienable, imprescriptible public-domain assets; maritime coasts are public domain.  National competence covers resources, quality and measurement, statistics, engineering and urbanism, works, health, education, housing, food security, agriculture, transport, ports and airports, roads and railways, communications, domestic utilities, frontiers, and designated legislation.  Mining concessions cannot be indefinite; statute allocates special economic shares to States.  State and municipal works, services, roads, and coordinated national facilities follow their respective competences. (Arts. 12, 156(16–20), (23–30), (32), 164(5), (8–10), 178; cf. 1961, Art. 136(10):  “but may not alienate saltworks or grant mining concessions for an indefinite period”).

The socioeconomic order rests on social justice, democracy, efficiency, free competition, environmental protection, productivity, and solidarity, with state and private development and democratic participatory strategic planning.  Foreign investment receives the same conditions as national investment and may not receive more favourable regimes.  Organic law reserves petroleum and other strategic public-interest activities; national processing and technology are promoted.  The State retains all shares in Petróleos de Venezuela, S.A. [Venezuelan Petroleum, S.A.], or its managing successor, with the stated exception for subsidiaries, strategic associations, enterprises, and other business-development entities. (Arts. 299–303; cf. 1961, Arts. 95, 98, 107:  “Law shall establish the rules concerning participation of foreign capital in national economic development.”).

All waters are national public-domain assets.  The State promotes sustainable agriculture, food security through domestic production, rural development, productive infrastructure, inputs, credit, training, and technical assistance, protecting artisanal fishing communities and grounds.  Latifundia are contrary to social interest; law taxes idle land and provides productive transformation, peasant land ownership, agricultural associations, sustainable land management, and exceptional parafiscal support. (Arts. 304–307; cf. 1961, Art. 105:  “The latifundist regime is contrary to the social interest.”).

Small and medium industry, cooperatives, savings institutions, family and community enterprises, handicrafts, and traditional popular industries receive training, credit, protection, and promotion.  Tourism is a nationally important priority for diversification and sustainable development.  Public information networks, science and technology, participatory territorial planning, and environmental and sociocultural assessment complement the rights and duties recorded under RTS-GAR. (Arts. 308–310, 108, 110, 128–129; cf. 1961, Arts. 72, 106, 136(24):  “tourism legislation”).

CON-FIN—Final Provisions

The Constitution of 23 January 1961 is repealed; the remainder of the legal order continues insofar as compatible with the new Constitution.  The final provision brings this Constitution into force on official-gazette publication after popular referendum approval. (Repealing Provision; Final Provision; cf. 1961, Arts. 251–252:  “The transitional provisions are enacted in a separate text.”).

The Constituent Assembly must approve the special capital law while preserving Miranda’s territorial integrity; the existing Federal District and municipal organic regimes continue meanwhile.  Pending nationality legislation, the specified lawfully entered foreigners with lawful livelihood, declared domicile intention, and two years’ uninterrupted residence are considered domiciled.  Nationality declarations are made authentically by the adult concerned or by a legal representative under the printed twenty-one-year condition. (Transitory I–II; cf. 1961, Transitory I–IV:  “the Republic’s current municipal regime and organization remains in force”).

Within six months after installation, the Assembly must approve criminal legislation on forced disappearance, applying the Inter-American Convention meanwhile where possible, an organic exception law, and a special frontier regime for José Antonio Páez and Rómulo Gallegos municipalities in Apure after the designated consultations. (Transitory III; new; 1961, Transitory I–XXIII:  no corresponding six-month programme for these three implementing laws).

Within its first year the Assembly must legislate on torture, refugees and asylum, a new seniority-benefit regime proportional to service and calculated on the last wage with ten-year prescription, progressive working-time reduction, and an autonomous specialized labour jurisdiction under free, prompt, oral, immediate, equitable, fact-sensitive proceedings.  The existing seniority regime continues until reform. (Transitory IV(1–4); new; 1961, Transitory I–XXIII:  no corresponding first-year programme for these protective and labour laws).

First-year legislation must cover justice, public administration, Citizen and Electoral Powers, tax, budget, credit, public defence, state finance, municipal organization, the Central Bank, and national police.  Public defence temporarily remains with the judicial-system restructuring commission.  The Bank law must prescribe functions, governance, audit, and executive and legislative appointment roles.  Within one year of constitutional commencement the tax code must be reformed on the enumerated interpretive, non-retroactivity, anti-evasion, penalty, liability, interest, limitation, audit, and procedural matters.  Within two years the Assembly legislates on all constitutional subjects, prioritizing Indigenous peoples, education, and frontiers. (Transitory IV(5–9), V–VI; new; 1961, Transitory I–XXIII:  no corresponding comprehensive implementing-law timetable).

Pending organic law, Indigenous candidacies require Indigenous language and at least one specified traditional-authority, advocacy, service, or organizational qualification.  The text specifies western, southern, and eastern regions, constituent States, majority declaration by the electoral authority, ballot access for all state electors, and the 1992 census for territorial representation.  It prints “Cada uno de los Estados que componen las regiones elegirá un representante”.  Existing and new electoral processes are conducted by the Consejo Nacional Electoral [National Electoral Council] pending new laws.  Its first members are appointed simultaneously, with two renewed at mid-term. (Transitory VII–VIII; new; 1961, Transitory I–XXIII:  no corresponding Indigenous electoral or initial Electoral Council procedure).

Existing Ministerio Público [Public Ministry] and Contraloría organic laws continue pending Citizen Power legislation; the Constituent Assembly appoints a provisional Ombudsman to organize that office.  The State’s fifty-per-cent Situado investment duty begins on 1 January 2001.  National vacant-land administration continues pending legislation; Indigenous habitat demarcation is due within two years.  The existing fiscal-instrument regime continues until state laws assume Art. 164(7) competence. (Transitory IX–XIII; cf. 1961, Transitory XVI–XVII:  “Until the organic law makes the appropriate provision”).

Municipal ordinances and fiscal instruments remain until implementing legislation.  Existing professional-qualification law continues pending Art. 105 legislation.  The Constituent Assembly chronicler must preserve its image, sound, written, digital, photographic, newspaper, and other records under the Archivo General de la Nación [General Archive of the Nation].  The recording provision prints “secciones y actividades”. (Transitory XIV–XVI; cf. 1961, Transitory XXIII:  “the existing legal order remains in force”).

Public and private issuing bodies must immediately use República Bolivariana de Venezuela [Bolivarian Republic of Venezuela]; routine stationery is progressively replaced within five years, and currency transition follows Central Bank law reform.  An implementing monopoly-control law must establish a supervisory body whose head is chosen by an Assembly majority after a favourable special-commission report, direct application of Art. 113 principles, and rules for public-service concession returns and financing. (Transitory XVII–XVIII; new; 1961, Transitory I–XXIII:  no corresponding republican-name transition or monopoly-supervision programme).

The closing records popular approval by constituent referendum on 15 December 1999 and proclamation by the Asamblea Nacional Constituyente [National Constituent Assembly] in Caracas on 20 December 1999, year 189 of Independence and 140 of Federation.  Luis Miquilena signs as President, Isaías Rodríguez as First Vice-President, and Aristóbulo Istúriz as Second Vice-President, with the listed national, territorial, and Indigenous constituents and secretaries Elvis Amoroso and Alejandro Andrade.  The final Cúmplase [Let it be complied with] names Luis Miquilena as Constituent Assembly President.  The closing prints “LUIS MIQUELENA”, while the compliance formula prints “LUIS MIQUILENA”. (Closing and compliance formulas, pp. 66–67; cf. 1961, Closing and execution formulas, pp. 32–33:  “on the twenty-third day of January nineteen hundred and sixty-one”).

Recension

Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).

Constitution of 1999:  https://cidep.online/files/constituciones/1999.pdf

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